HANUMAN DATT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a revision by the plaintiffs under Section 115 CPC against the order by which their appeal under Order 43, Rule 1 (r) CPC challenging the order of the rejection of their application for temporary injunction under Order 39 Rules 1 and 2 CPC filed in the suit, has been dismissed.

(2.) A preliminary objection has been raised on behalf of the respondent No. 3 that the present revision is not maintainable in view of the proviso to Section 115 (1) CPC. Reliance is placed by him on the decision of this Court in Sawal Singh v. Smt. Ramsakhi, (2002) 2 MPJR 169 : 2003 AIHC 1737. This objection has been raised in several other revision petitions pending before this Court. Therefore, arguments were heard at length. Sarvashri Ravish Agrawal, Sr. Advocate, R. P. Agrawal, Sr. Advocate, R. P. Jain, R. S. Tiwari, P. D. Tiwari, Alok Aradhe and Ajay Mishra, Advocates have also addressed this Court on this point.

(3.) The proviso to Section 115 (1) CPC reads as under :-