DHUNDASINGH Vs. LEELADHAR

JUDGEMENT

(1.) This revision has been filed by the plaintiff against the order dated 31-31979, passed by the learned District Judge, Dewas, whereby he remanded the case to the trial Court for deciding the application for issuance of a temporary injunction, which was allowed by the trial Court by order dated 11-7-1978 and against which the appeal was preferred by the defendant-non-ap-plicants under Order 43, Rule 1 (r), C. P. C.

(2.) Facts essential for decision of this revision are as under : In a suit brought by the plaintiff-applicant for declaration of title and issuance of a permanent injunction against the defendant-non-applicant he (the plaintiff) submitted an application for issuance of a temporary injunction, whereby issuance oE temporary injunction restraining the defen-dant-non-applicants from interfering with the possession of the plaintiff over the plot in dispute, was claimed. This application was opposed by the defendant-non-applicants-herein on the ground that ihe land belongs to the Gram Panchayat, Panigaon, on allotment, and that the plaintiff-applicant-herein has unauthorisedly constructed a Tapra thereon.

(3.) The trial Court granted a temporary injunction by order dated 11-7-1978. Aggrieved by this order the defendant-non-ap-plicants herein preferred an appeal under Order 43, Rule 1 (r), C. P. C. During the pendency of this appeal the plaintiff submitted an application for amendment of the plaint seeking impleadment of the State of Madhya Pradesh as a party to the suit. After hearing arguments on the appeal as well as on the application for amendment of the plaint, the learned District Judge has allowed the aforesaid application submitted by the plaintiff and has set aside the order for grant of injunction merely on that ground and has directed the trial Court to examine the case of grant of injunction after impleadment of the Siate Government as a party to the suit, in the manner indicated in the impugned order. Hence this revision.