In Brief
The Supreme Court considered a civil suit for permanent injunction where the plaintiff also invoked title and possession. The High Court had dismissed the lower court's decree, framing the case as purely an injunction suit without investigating title. The Supreme Court held that when a plaint references title in its relief clause, the suit cannot be treated as a mere injunction suit; title becomes relevant to granting injunctive relief. The Court found the High Court erred in framing an incorrect substantial question of law under Section 100 CPC. The appeal was allowed in part and remanded to the High Court to reframe proper substantial questions and decide the case afresh on merit, taking into account both the nature of the suit and the title issue.
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