LALJI TANDON Vs. SRIPAT RAI

JUDGEMENT

(1.) This is a special appeal against an order of a learned single Judge passed on an application in connection with a Civil Revision.

(2.) The facts leading to this appeal are that a revision was filed in this Court against an order of a Small Cause Court. During the pendency of the revision an order of injunction was issued by this Court at the instance of the plaintiff, the present appellant, against the defendant, the present respondent, restraining him from disposing of his immovable assets. The ex parte injuncton order was vacated on the objection ot the defendant, the present respondent. The defendant-respondent, then filed an application under Section 95 of the Code of Civil Procedure for recovery of compensation from the plaintiff-appellant on whose application the injunction order had been issued and who had Suppressed certain important facts which it known would not have led to the issue of the injunction order. This application was allowed by the learned single Judge who awarded Rs. 300 as compensation to the defendant-applicant in the revision proceedings. The present appeal is against this order. Later on the revision application was dismissed.

(3.) It is clear from the narration of facts that the order appealed against was passed by the learned single Judge in the exercise of revisional jurisdiction of this Court. Para. 10 of the Letters Patent does not allow an appeal against such an order of a learned single Judge. This is not disputed for the appellant.