IQBAL Vs. KANI RAM

JUDGEMENT

(1.) -

(2.) SINCE only a short point is involved, I have heard the learned counsel for the parties and proceed to dispose of the Revision Petition. The main grievance of the petitioner in this Revision Petition is that the learned trial court is not taking up the application filed by him under Order 39, Rules I and 2 of the Code. From the Order Sheet, it appears that the application along with the suit was put up before the learned trial judge on April 7, 1933. It was probably considered that ex-parte order should not be passed and a notice was issued to the defendant for April 18, 1983. The parties appeared on April 18,1983 and the case was again adjourned for filing of the written statement and reply to May 10, 1983. On May 10, 1983, the written statement and the reply had been filed, but the case was adjourned to July 13, 1983 for arguments on the application, lam told that even on July 13, 1983, no orders on the application under Order 39 Rules I and 2 have been passed and this was on the prayer of the counsel for the petitioner. However, the petitioner had obtained an injunction order from this court whereby he was not to be ejected from the premises in dispute.