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In a Kerala case, Vincent v. Aisumma, which of the follow¬ing propositions were laid down regarding mandatory injunctions:
Under O. 39, r 1 a mandatory injunction can be applied for
An application can be made even by a defendant under O. 39, r 1 (a)
If such an application is dismissed, the order of dismissal is appealable under O. 43, r l(r)
All of these
- In the Kerala case, Vincent v. Aisumma, the following propositions were laid down about mandatory injunctions:
- Under Order 39, Rule 1(a), a mandatory injunction can indeed be applied for. This rule allows the court to grant temporary injunctions to prevent the ends of justice from being defeated, which can include mandatory injunctions.
- Even a defendant may make such an application under Order 39, Rule 1(a). It is not limited to just plaintiffs; defendants too can seek such relief if the situation demands.
- If a court dismisses such an application, the dismissal order is appealable under Order 43, Rule 1(r) CPC, which covers appeals against orders refusing injunctions.
- Correct Answer: Option 4 - All of these
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