KISHAN PRASAD Vs. JAGENDRA PRASAD MAKRE

JUDGEMENT

(1.) The instant miscellaneous appeal filed under Order 43 Rule 1(U) of the Code of Civil Procedure, 1908 (for short "the CPC") has been preferred by the defendant against the remand order passed by the Additional District Judge, Pendra Road, Distt. Bilaspur in Misc. Civil Appeal No. 06 of 2009. Facts of the case in a nutshell giving rise to this appeal are as under:--

(2.) Shri M.D. Sharma, learned Counsel appearing for the appellant, assails the judgment of the First Appellate Court for the reasons:--

(3.) On the other hand, Shri Saleem Qazi, learned Counsel appearing for the respondent supported the order impugned and submitted: the plaintiff, for the purpose of immediate protection of his right, can file a suit for permanent injunction even without filing a suit for specific performance of the contract.