PIRBUX Vs. BABULAL

JUDGEMENT

(1.) The learned single Judge has referred the following two questions for decision by a larger Bench with a request to hear and decide the revision itself :-

(2.) In all these cases revisions have been preferred in the High Court against the appellate order of the District Judge/Addl. District Judge affirming or vacating the interim injunction granted by the trial Court. In all these cases suits were filed in the Court of Civil Judges and temporary injunctions were sought. Against grant or refusal of temporary injunctions, appeals were preferred before District Judge/Addl. District Judge. Section 115 of the Civil P.C. has been substituted by S.4 of Civil P.C. (M.P. Amendment) Act, 1984, 1 No. 29 of 1984) which came into force from 14-8-1984 which is quoted hereunder :-

(3.) Interpreting an identical provision in S.3 of Civil P.C. (U. P. Amendment) Act, 1978 substituting S.115 by identical provision the Supreme Court in Sri Vishnu Awatar v. Shiv Autar, AIR 1980 SC 1575 held as under :-