STATE OF CHHATTISGARH Vs. GURUMUKH SINGH HORA

JUDGEMENT

(1.) Invoking the appellate jurisdiction of this Court under Order 43 Rule 1 (r) of the CPC, the State of Chhattisgarh - appellant/defendant herein, has impugned legality, validity and correctness of the order passed by the trial Court granting temporary injunction in favour of the respondent/plaintiff herein restraining the State from interfering with the benefits available to him as a member of Other Backward Classes (OBC) on the basis of the order dated 19-11-2004 passed by the Tahsildar, Kurud.

(2.) Essential facts needed to judge the correctness of the plea raised at the Bar are as under:-

(3.) Mr. Arun Sao, learned Deputy Advocate General, would submit that the trial Court before granting temporary injunction is required to consider existence of prima facie case which implies prima facie consideration of its jurisdiction to entertain the suit. Therefore, the suit filed by the respondent plaintiff seeking declaration of his caste status is expressly barred by law declared by the Supreme Court in Kumari Madhuri Patil AIR 1995 SC 94(supra), therefore, the Court had no jurisdiction to entertain the suit holding prima facie case and consequently grant for application for temporary injunction and as such, the impugned order is liable to be set aside.