SHAMIM AKHTAR Vs. TAJUDDIN

JUDGEMENT

(1.) Heard Sri M.A. Haq, advocate for the petitioner.

(2.) In this writ petition, arising out of refusal of grant of ex-parte injunction in a Civil Suit being No. 798 of 2003 pending before the Civil Judge (Jr. Div.) West, Allahabad and the subsequent dismissal of Revision No. 08 of 2004 by the Additional District Judge, Court No. 17, Allahabad the only contention from the side of the petitioner-plaintiff here is that the observations made in his order by the revising Judge are likely to prejudice the petitioner-plaintiff at subsequent stages of the injunction application, because the revising Court has given findings with regard to the title of the petitioner.

(3.) When a Court considers the grant or refusal of an interim injunction, it has, as of necessity to look into the availability of a prima Jade case or otherwise. While assessing, whether there is a prima facie case or not, the Court will have to look into the documents of title deeds, and come to a conclusion, whether the documents available on record make out a case In favour of the plaintiff? In examining the documents, it is unavoidable for the Court to make certain comments, because, it has to come to a conclusion about presence of or otherwise of a prima Jade case.