In a recent pronouncement, the Supreme Court emphasized the necessity for a trial court to establish a prima facie determination regarding the maintainability of a civil suit before contemplating the grant of interim relief. This directive came in response to situations where the legitimacy of a civil suit is challenged, and opposition to interim relief is predicated on these grounds.
A judicial bench comprising Justices BR Gavai, Dipankar Datta, and Aravind Kumar opined, “Granting relief in any form should, in such instances, be preceded by the formation and recording of at least a prima facie satisfaction that the suit is maintainable or not barred by law.”
The judgment asserted that it would be inappropriate for a court to neglect recording its preliminary satisfaction on the maintainability question while proceeding to grant temporary protection under the assumption that the matter will be decided as a preliminary issue under Rule 2 of Order XIV, CPC. Such an act, the judgment cautioned, could constitute an improper exercise of power.
Furthermore, if the court, during the interim relief application hearing, deems the suit as legally barred or otherwise non-maintainable, it cannot outrightly dismiss it. Instead, it can convey such an opinion for the purpose of denying interim relief.
Nevertheless, in extraordinary situations where deciding the maintainability question might lead to delayed relief, causing irreparable harm, the Court retains the authority to pass an appropriate order, provided it articulates compelling reasons for such a course of action.
The Court clarified, “Such an order may be passed, if necessary, to prevent irreparable harm or injury, or undue hardship to the party seeking relief, and/or to ensure that the proceedings are not rendered infructuous due to non-interference by the court.”
This landmark ruling seeks to establish a judicious balance between the timely dispensation of justice and the imperative examination of a suit’s maintainability, underscoring the court’s commitment to both fairness and expediency in legal proceedings.
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