PRAN NATH GANDHI Vs. MAKRAND SARUP

JUDGEMENT

(1.) The respondent had filed a suit against the petitioner here in for an injunction in the year 1966. An ad interim ex parte injunction was granted by the Subordinate Judge restraining the petitioner from raising any construction in the premises which were under the tenancy of the petitioner.

(2.) tt appears that during the pendency of the suit an application was filed on 20th May, 1968 under Order 39 rule 2A alleging that the petitioner here in had committed a breach of the order of injunction.

(3.) By order dated 5th October, 1978 the said suit was dismissed. The injunction which had been granted earlier was also vacated. It, however, appears that no formal orders were passed on the application under Order 39 rule 2A. Thereafter the plaintiff filed two applications under Section 151 Civil Procedure Code . praying that the application under Order 39 rule 2A be decided. These applications were filed on 29th January, 1979 and 22nd January, 1980, namely, long after the decision in the suit.