UNION OF INDIA Vs. BAIJ NATH

JUDGEMENT

(1.) On the 17th February, 1964 Baijnath Sards, the respondent herein, instituted Title No. 5 of 1964 in the 6th Court of the Subordinate Judge, Alipore against the Union of India and the Chief Operating Superintendent, South Eastern Railway. The plaintiff's case as made in the plaint, is as follows :--

(2.) On the basis of the above averments the plaintiff has prayed for decree for permanent injunction restraining the defendants from giving effect to the notice dated 19th August, 1963 and from doing any act in implementation of the said letter dated 19th of August, 1963, for temporary and interim injunction on the lines indicated above and other necessary consequential reliefs.

(3.) After the institution of the suit the respondent filed an application on the 16th of February, 1964 under Order 39, Rule 2 of the Code of Civil Procedure for temporary injunction restraining the petitioners from taking over the said siding and/or from throwing open to the public the said siding and also restraining the petitioners from giving effect to the notice dated 19th August, 1963 and from doing any act in implementation of the said notice. The learned Subordinate Judge granted an ex parte interim order on the 17th February, 1964. The petitioners filed written statement and also objected to the respondent's petition for temporary injunction on, inter alia, the following grounds :--