MISHRILAL DIWAN Vs. INDUBAI

JUDGEMENT

(1.) THIS revision under Section 115, CPC is directed against the order dated 7-5-2003, passed by I ADJ, Hoshangabad in M. A. No. 2/2002, affirming the order dated 6-11-2001, passed by II Civil Judge Class I, Hoshangabad in MJC no. 2/96.

(2.) PLAINTIFF/non-APPLICANT Indubai instituted C. S. No. 82-A/98 (old no. 59-A/95) in the Court of I Civil Judge Class II, Hoshangabad wherein, on an application under Section 39 Rules 1, 2, CPC, vide order dated 9-10-95 defendant/applicants were restrained from removing the crop from the suit land. On 22-1-96, plaintiff/non-applicant filed an application under Order 39 rule 2-A, CPC (Annexure P-5) complaining that on 25-10-95, defendant/applicants in spite of the ad interim injunction dated 9-10-95 has removed the crop from the suit land. The defendant/applicants resisted the application stating inter alia that they had no knowledge of ad interim injunction dated 9-10-95 passed ex parte on the application of plaintiff/non-applicant. The crop was sown by them, therefore, on 25-10-95, they reaped it. Only on 3-11-95, they came to know about the filing of C. S. No. 82-A/98 by their sister plaintiff/non-applicant Smt. Indubai.

(3.) THE Civil Judge vide order dated 6-11-2001 held that the defendant/applicants removed the crop from the land in spite of ad interim injunction dated 9-10-95. Accordingly ordered their detention in civil prison for a period of one month. Being aggrieved, the defendant/applicants filed M. A no. 2/2002 before the I ADJ, Hoshangabad. The Court below affirming the order dated 6-11-2001, passed by II Civil Judge Class I, Hoshangabad in MJC no, 2/96, dismissed the appeal.