Civil Procedure Code, 1908

— Or. 39 R. 1 and Or. 43 R. 1(r) — Temporary injunction — When to be granted — Interference by appellate court with the discretion of the trial court when justified — Law in general and law in cases of orders for demolition of buildings, restated — In cases of demolition of buildings where the plaintiff fails to make out a prima facie case for grant of an injunction and documents produced clearly show the structures to be unauthorised, temporary injunction may not be granted merely on the ground of sympathy or hardship — Where the lower court acts arbitrarily, capriciously or perversely in the exercise of its discretion, the appellate court will interfere — Granting temporary injunction on the basis of ``no material'' or refusal to grant temporary injunction are instances of such exercise of discretion — The expression ``no material'' for the said purpose, held, includes cases where there is no relevant material or where the material, taken as a whole, is not reasonably capable of supporting the exercise of discretion — On facts, held, there was no material in the present case to make out a prima facie case for the grant of temporary injunction against the order of the Commissioner of the Municipal Corporation for the removal/pulling down of the structures he had found to be unauthorised and illegal — Hence, High Court rightly interfered and vacated the temporary injunction granted by the trial court, (2006) 5 SCC 282