RAJENDRA PRASAD Vs. RADHA T K

JUDGEMENT

(1.) DEFENDANT No. 1 in OS No. 318 of 201 Oof the Court of learned Munsiff, Changanassery is the petitioner before me challenging Ext. P7, order dated November 9,2010 on IA No. 1822 of 2010. By the impugned order request of petitioner to cross-examine respondent No. 1 regarding genuineness of Ext. P2, document at the interlocutory stage was turned down. It is contended by learned counsel that since the Court is authorised under Rule 1 of Order XXXIX of the Code of Civil Procedure (for short, "the Code") to take evidence by affidavit or otherwise in support of the application for injunction and in the light of Rule 2 of Order XIX of the Code petitioner is entitled to cross-examine respondent No. 1 regarding genuineness of the document which is being pressed into service against petitioner and at any rate, learned Munsiff ought to have exercised the discretion in favour of petitioner. Learned counsel for respondent No. 1 opposed the petition contending that petitioner has no right to cross-examine and that there is no reason to interfere with the order passed by learned Munsiff.

(2.) DISPUTE is concerning the right to sell 'vazhipadu' materials outside the compound of Sree Subramanya Swami temple, Changanacherry referred in the plaint. Respondent No. 1 stated that she was given the right to sell such articles inside the temple compound but, petitioner is selling the same articles outside the compound and that affected her business. She, therefore filed the suit for injunction. She also filed an application for temporary injunction in the same line. She produced Ext. P2, document in support of her plea. Petitioner while objecting to the application of injunction contended that Ext. P2, document is not genuine and filed IA No. 1822 of 2010 to summon respondent No. 1 for cross-examination on the genuineness of the document. Learned Munsiff dismissed the application observing that for considering the application for temporary injunction it is not necessary to decide on execution of the document which can be decided at the trial.