REGIONAL MANAGER, UTTAR PRADESH FINANCIAL CORPORATION DEHRADUN AND ANOTHER Vs. J.S. CHAUHAN AND ANOTHER

JUDGEMENT

(1.) This petition has been filed by the petitioners seeking writ of mandamus to command the trial Court to decide the objection filed by the petitioner under Order XXXIX, Rule 4 of the Civil Procedure Code. The suit was filed against the recovery of the amount.

(2.) According to the petitioners, the suit itself is not maintainable. However, in view of the U.P. Amendment made in the Order XXXIX, Rules 1 and 2 of the CPC, no temporary injunction can be granted staying the money recovery. The interim injunction was granted on 30.7.1999 and the objection was filed on 16.11.1999 and since then the application is not being disposed of .

(3.) Without expressing any opinion on merit, I direct the trial Court to decide the application under Order XXXIX, Rules 1 and 2 alongwith its objection under Order XXXIX, Rule 4, CPC, within a period of ten days from today including the issue of maintainability of the suit.