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Report No. 58

We have not come across any other judicial decision on the subject.

5.19. The power being there, the problem is one of ensuring that it is not invoked by litigants in circumstances which lead to its abuse. In general, a court hearing a request for a preliminary order must determine how best to create or reserve a state of affairs such that the court would be able, upon conclusion of full trial, to render a meaningful decision for either party. The problem, thus, is of reconciling the interests of both parties, and doing justice to both.

5.20. The problems which we are now facing are not unknown elsewhere.

Structure and Jurisdiction of the Higher Judiciary Back

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