ASHOK NAGAR WELFARE ASSOCIATION REGD Vs. JAWAHAR LAL

JUDGEMENT

(1.) This is an appeal arising out of order dated 7th November, 1989 passed by learned Single Judge in 1.A. No. 259/87 directing the said application to be decided alongwith the main suit.

(2.) The appellant has filed suit (S. No. 273/86), during pendency whereof, the aforementioned application under Order 39, Rule 2-A, Civil Procedure Code was filed complaining that there has been disobedience of the interim order passed on 6.2.1996 in I.A.No. 846/86, which was made absolute on 5th August, 1986.

(3.) On this application which was being tried separately, learned Single Judge, in the impugned order observed that the plaintiff/appellant will have to prove by leading evidence alongwith the evidence in main suit the precise act of disobedience alleged on the part of defendant-respondent No. 3.