OM PRAKASH Vs. ANAR SINGH

JUDGEMENT

(1.) THIS is plaintiffs revision against the appellate order dismissing his appeal against the trial Court's order refusing to issue a temporary in junction during pendency of the suit Plaintiff in stituted the suit with the following relief:

(2.) DURING the pendency of the suit an ap plication was moved by the plaintiff for the grant of an interim injunction in the following terms B

(3.) LEARNED counsel for the appli cants challenges the correctness of the view taken by the appellate Court on the ground that Section 16 (d) was not applicable to the suit and in the alter native that the proviso to the section was applicable and the suit was main tainable at Bulandshahr. The reason given in the plaint for instituting the suit at Bulandshahr was the residence of the defendants within the jurisdiction of the Bulandshahr court, Hence the question to be determined in this revi sion is about the prima facie finding given by the appellate Court about the non-maintainability of the suit at Bulandshahr.