The Supreme Court on Monday (November 24) held that an appellate court retains the power to grant interim relief, such as an order of status quo, even if the original civil suit has been dismissed by the trial court.
A Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan observed that an appeal is a "continuation of the original suit," and the appellate court possesses powers co-extensive with the trial court to grant appropriate relief to prevent irreparable injury during the pendency of the appeal.
The Apex Court set aside a decision of the Gujarat High Court which had affirmed that no injunction could be granted in favour of a plaintiff whose suit had already been dismissed.
Background of the Dispute
The case arose from a property dispute where the appellant had filed two civil suits challenging certain consent decrees on the grounds of fraud. While one suit was allowed, the second suit was dismissed by the Trial Court.
Aggrieved by the dismissal, the appellant filed a First Appeal before the District Court and simultaneously moved an application seeking an interim order to maintain the status quo over the suit property to prevent third-party rights from being created during the appeal.
The First Appellate Court rejected the interim relief application. It reasoned that since the suit itself had been dismissed, there was "no decree to execute," and therefore, the provisions for a stay under Order XLI Rule 5 of the Code of Civil Procedure (CPC) were not applicable.
The Gujarat High Court upheld this view, observing that a plaintiff who has lost before the trial court cannot claim an injunction in the appeal. The appellant then approached the Supreme Court.
Arguments and Legal Issue
The central legal issue was whether the dismissal of a suit by a trial court denudes the appellate court of the power to grant interim protection to the subject matter of the dispute.
The appellant contended that the appeal serves as a continuation of the proceedings. If the subject property were alienated or altered during the appeal, the final relief (if the appeal succeeds) would be rendered infructuous. Therefore, the appellate court must have the power to preserve the status quo.
Court's Observations
The Supreme Court rejected the reasoning of the High Court and the First Appellate Court as "grossly misplaced."
1. Appeal is a Continuation of Suit
The Bench reiterated the settled legal principle that an appeal is a continuation of the original suit. Therefore, the appellate court’s jurisdiction to grant interim relief is co-extensive with that of the trial court.
"Just because the original suit came to be dismissed, that does not mean that in the pending appeal, the appellate court cannot grant appropriate relief as prayed for," the Court observed.
2. Misapplication of Order XLI Rule 5 CPC
The Court clarified that the lower courts had confused the power to grant an injunction with the power to stay the execution of a decree.
- Order XLI Rule 5 deals with staying the execution of a decree.
- However, when a plaintiff seeks to prevent the property from being sold or altered, they are invoking the court's inherent power to grant temporary injunctions (similar to Order 39 Rules 1 and 2) to prevent "irreparable injury."
The Bench noted:
"The reliance placed by the first appellate court on Order XLI Rule 5, while declining to grant status quo, is grossly misplaced. This is because the considerations laid thereunder... can only be considered when a stay is sought on the execution of a decree, which is not the case herein."
3. Criteria for Interim Relief
The Court emphasized that the appellate court must independently assess the application on three grounds:
- Prima facie case;
- Balance of convenience; and
- Irreparable injury.
The Bench remarked that the First Appellate Court failed to apply these tests and rejected the application solely on the technical (and incorrect) ground of the suit's dismissal.
Final Order
The Supreme Court allowed the appeal and set aside the orders passed by the Gujarat High Court and the First Appellate Court.
The matter was remitted to the First Appellate Court to decide the interim relief application afresh, strictly on its own merits and in accordance with the principles of law laid down by the Supreme Court, without being influenced by the fact that the suit was dismissed.
Procedural Next Steps
The First Appellate Court is now required to hear the parties and pass a reasoned order on the grant of interim relief/status quo to preserve the subject property pending the final disposal of the appeal.