CHITRA AGRAWAL Vs. JAGDISH SARAN GOAL

JUDGEMENT

(1.) THIS is an appeal under Section 271 of the U. P. Tenancy Act, 1936 by defendant.

(2.) PLAINTIFF filed a suit in the revenue court for protection his interest in the disputed land. He applied for an order of temporary injunction against defendants. An ex-pane ad-interim order of injunction restraining defendant No. 1 from interfering with the possession of plaintiff and not to change the nature of the property or to transfer the same, having been passed, this appeal has been filed.

(3.) NO doubt appeal lies against an ex-parte ad-interim order of injunc tion. Where the provisions contained in the Code of Civil Procedure, 1908 as have been explained by the Supreme Court and this Court, have not been followed the order becomes vulnerable. However, appellate court has a duty also to finalise the matter on the materials available, merely because some illegality has been committed or some materials have not been considered by the trial court, appellate court would not in all circumstances set aside the order and remit it back. This is jurisprudence behind an order of remand, which is to be adopted.