UNION OF INDIA Vs. SHAH DALSUKHRAI GIRDHARLAL

JUDGEMENT

(1.) The matter was called out for hearing in the first round then in the second round and lastly in the third round but none put appearance of the respondent. Heard the learned counsel for the petitioner and perused the special civil application.

(2.) Challenge has been made by this special civil application to the order of the Extra Assistant Judge, Bhaynagar, in Miscellaneous Civil Appeal No. 7 of 1986 dated 10th April, 1986 whereunder the appeal of the plaintiff-respondent against the order of the 2nd Jt. Civil Judge (S.D.), Bhavnagar in Regular Civil Suit No; 1022 of 1984 below Ex.5 has been set aside.

(3.) The matter pertains to the dispute of the telephone bills raised by the plaintiff-respondent. The suit itself is not maintainable in view of the decision of this court in the case of Govindbhai P. Chovatia vs Gujarat Telecom Circle reported in 1995 (2) GLH 1041. When the suit itself is not maintainable then the court below could not have granted any interim injunction in favour of the plaintiff-respondent.