LAWS(ALL)-2014-3-169

REKHA Vs. CIVIL JUDGE KOL ALIGARH

Decided On March 11, 2014
REKHA Appellant
V/S
Civil Judge (J.D.) Respondents

JUDGEMENT

(1.) Heard Sri Islam Ahamad, learned Counsel for the petitioner.

(2.) Learned Counsel for the petitioner submits that when the petitioner's Counsel had appeared there was no justification on part of the Court below to have refused to extent the injunction order in the absence of any changed circumstances. The administrative order could not have affected the judicial discretion of the Court.

(3.) In the supplementary affidavit Counsel for the petitioner has stated that in the Court below Sri Nand Kishore was appearing as Counsel on behalf of the petitioner. He was personally present on the date fixed for getting the injunction order extended. The said Counsel despite strike had appeared in all his three cases which were fixed on the said date. He has resisting the strike. The particulars of all the three cases in which his Counsel was appearing and the order sheet showing that he had actually appeared in all the cases has been filed with the supplementary affidavit.