PANKAJ NARAIN SHAH Vs. SHANTILAL HIMATLAL SHAH

JUDGEMENT

(1.) The petitioners above named have filed this Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 challenging the judgement and order recorded by the Learned Assistant Judge at Vadodara on 5.3.1999 in Civil Misc. Appeal No. 409 of 1998 whereby the Learned Assistant Judge allowed the said appeal and set aside the order passed below application Exh.7 on 28.10.97 in Special Civil Suit No. 326/97 by the Learned 3rd Joint Civil Judge (SD) Vadodara.

(2.) It appears that the Learned Civil Judge by order dated 20.10.1997 granted interim injunction in favour of the original plaintiff and against the defendants. The Learned Assistant Judge allowed the appeal and set aside the aforesaid order of injunction and dismissed the said application of the plaintiff. Therefore the original plaintiff have brought this revision before this Court.

(3.) A primary objection has arisen as to whether the Learned Assistant Judge had jurisdiction to entertain the aforesaid Civil Misc. Appeal. The matter has been argued on behalf of the parties by their respective advocates. I have gone through the papers and I have also gone through the provisions contained in the Bombay Civil Courts Act.