WAHID AHMED Vs. GANESH SONWANI

JUDGEMENT

(1.) Heard.

(2.) The plaintiff filed a suit before the Trial Court for declaration and permanent injunction and also claimed for temporary injunction. An ex parte injunction was granted but subsequently, on appearance by defendant, the said order was vacated. Thereafter, the plaintiff preferred an appeal. The said appeal was dismissed and thereafter a revision was filed being C.R. No. 461/2001 before this Court. The said revision was dismissed vide order dated 19-6-2002. It is noted in the said order that at that time, since the main suit itself had been dismissed, therefore, the revision petition was also stand dismissed. The interim order passed on 20-7-2001 was also vacated. The suit being dismissed, the plaintiff preferred an appeal before the Lower Appellate Court. He also filed an application under Order 39 Rules 1 and 2 along with Section 151 of the Code of Civil Procedure. The said application was opposed. The learned Appellate Court by the impugned order has rejected the said application.

(3.) Shri Pandey, learned Counsel for the appellant submitted that the Court committed error in holding that it has no jurisdiction under Order 39 Rules 1 and 2 of the CPC read with Section 151 of the CPC. It is submitted that the jurisdiction is inherent.