Representative Suit -- Interim Order Before Grant of Leave -- Civil Court cannot pass protective or preservatory interim orders while application for leave under Section 92 CPC is pending
(i) Civil Procedure Code, 1908, S.92 -- Representative Suit -- Interim Order Before Grant of Leave -- Grant of leave under Section 92 is a mandatory pre-condition for institution of a representative suit. Until leave is granted, there is no pending suit before the Civil Court, and no interlocutory or protective order can be passed. Inherent powers under Section 151 cannot override this special provision, as the special provision prevails over the general.\r\n(ii) Civil Procedure Code, 1908, S.92 -- Representative Suit -- Ex Parte Grant of Leave in Urgent Cases -- Where compelling reasons are recorded in writing, such as facts disclosing necessity of urgent relief, notice prior to grant of leave under Section 92 may be dispensed with.
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