PUNIBEN BHOJABHAI Vs. LEGAL HEIRS OF DATIYABHAI BAVA

JUDGEMENT

(1.) Rule. Shri Kanabar waives service of rule on behalf of the respondents. Looking to the nature of the case and particularly the fact that this revision application under section 115 C.P.C. arises in the matter of grant of temporary injunction, the same is taken up for final hearing today.

(2.) The plaintiff by this revision application under section 115 challenges the order of the learned trial court dated 7-5-1999 under which it has rejected the application filed by the plaintiff to decide first the application filed by the plaintiff for contempt of the order passed by the court below.

(3.) Learned counsel for the petitioner contended that the trial court has committed a serious error of jurisdiction to reject the application of the petitioner. It is a case where first the court has to decide the contempt application as the respondents committed contempt of the court's order. First to decide Ex.5 and to defer the decision on the contempt application is against the well settled law and for this she made reference to some of the decisions of the court.