Whether temporary injunction will revive automatically on restoration of suit which was dismissed for default?

Temporary injunction - Revival of, on restoration of suit which was dismissed for default - Is automatic unless Court expressly or impliedly excludes its operation - Decree holder therefore prevented from executing decree during period when suit remained pending on restoration and ultimately dismissed on merits - Decree holder entitled to exclude period when suit remained pending in computing period of limitation for execution of decree. (Majority view), (S.B. Sinha, J. Dissenting).

IN THE SUPREME COURT OF INDIA

C.A. No. 2634 of 2004 (Arising out of SLP (C) No. 18699 of 2001)

Decided On: 21.04.2004

Appellants: Vareed Jacob
Vs.
Respondent: Sosamma Geevarghese and Ors.

Hon'ble Judges/Coram: V.N. Khare, C.J.I., S.B. Sinha and S.H. Kapadia, JJ.

JUDGMENT

V.N. Khare, C.J.I. and S.H. Kapadia, J.

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