Suit for permanent injunction - Defendants dispossessing plaintiff after filing of thesuit - court can grant relief of recovery of possession even without pleadings.

Citation

AIR 1982 ORISSA 268

ORISSA HIGH COURT

DR . B. N. MISRA , J.

Second Appeal No.26 of 1977, D/- 22 - 12 - 1981*

Bauri and others Appellants v. Natabar Swain and others Respondents

Civil P.C. (5 of 1908), O.2 R.2 - Suit for permanent injunction restraining defendants from interfering with possession of plaintiff - Defendants dispossessing plaintiff after filing of the

suit in violation of injunction order - Held, court can take notice of changed circumstances in order to shorten litigation and grant relief of recovery of possession even without pleadings,

particularly when defendants were not prejudiced on account of lack of notice.

AIR 1974 SC 1178, Foll. AIR 1977 J and K 21, Disting.  (Para 8)