RAM AGYA SINGH Vs. BHANU PRAKASH SRIVASTAVA

JUDGEMENT

(1.) THIS is a defendant's application in revision arising out of a suit filed by the opposite party no. 1 against the defendant-applicant and the opposite party No. 2 for a declaration that the opposite party No. 2 is the wife of opposite party No. 1. The defendant applicant is the father of the defendant opposite party No. 2. It was alleged in the plaint that the marriage between the plaintiff and the defendant No. 2 was celebrated on 15-12-75 before an idol in the presence of some witnesses. In para 2 of the plaint it was alleged that after the marriage the parties executed an agreement of their own free will and consent thereby declaring that they had become husband and wife. An application for injunction was given by the plaintiff whereby it was prayed that the defendant No. 1 be restrained from marrying again and her father be also restrained from marrying his daughter to any other man.

(2.) THE trial court, by its order dated 13-5-1977, rejected that application for the reasons that the plaintiff had prima facie failed to establish his marriage and the balance of convenience was not in his favour. It was also held that no irreparable loss would be caused to the plaintiff in case the interim injunction was not allowed. THE plaintiff preferred an appeal against that order. THE appeal was decided by the District Judge Allahabad, vide his order dated 6-8-77. THE order of the trial court was confirmed. THE learned District Judge has observed:

(3.) THE trial court, by its order dated 8-10-77 allowed the application for amendment on payment of some costs. Against this order the present revision application has been filed.