D S KHANIJAN Vs. SURINDER KUMAR

JUDGEMENT

(1.) Surinder Kumar respondent herein filed a suit in the Court of Sub Judge, 1st Class, Delhi against the petitioners herein for permanent injunction restraining them from dispossessing the respondent- plaintiff from the premises bearing no. E-25 N.D.S.E. Part-1, New Delhi. Alongwith this suit, the respondent plaintiff also filed an application under Order 39 Rules 1 & 2 of the Code of Civil Procedure for an interim order against dispossession from the said premises.

(2.) The trial court by its order dated 2nd February 1987 granted a temporary injunction restraining the petitioners herein from dispossessing the respondent plaintiff from the said premises except by due process of law. Against this order, the petitioners herein filed an appeal in the Court of Senior Sub Judge, Delhi which appeal was also dismissed and the interim order granted by the trial court was confirmed. This revision petition is directed against the order of the lower appellate court dated 16th February 1987.

(3.) A preliminary objection was taken by the respondent regarding the maintainability of the revision on the ground that since the petitioners had not filed the certified copy of the trial court order nor an application for condonation of delay or exemption from filing the certified copy and, therefore, the petition was beyond time.