RATANLAL Vs. SURESH KUMAR

JUDGEMENT

(1.) This order shall dispose of the petitioner's application under S.24 read with S.151 of the Code of Civil Procedure. 1908 (for short 'the Code').

(2.) Facts and circumstances giving rise to this petition are these. The non-applicant Sureshkumar on 14-5-86, during summer vacation, filed the Civil Suit No. 66-A of 1986 in the Court of 2nd Civil Judge, Class I, Ratlam against the petitioner and others for permanent injunction claiming that in respect of the transport contract in his favour no other contract be given to any other person for a period of two years. On his application, an ex parte temporary injunction was granted on 14-5-86. Against this order the petitioner preferred an appeal in the Court of Shri Durve, 2nd Additional Judge to the District Judge, Ratlam.

(3.) Non-applicant Sureshkumar was granted several adjournments in the appeal and it was ultimately on 14-8-86 that the learned Judge observing that jurisdiction in disposing of appeal against an ex parte order of temporary injunction is of a limited nature and the same can be challenged before the trial Court on merits, dismissed the appeal as also the petitioner's application under O.39, Rr. 1 and 2 of the Code.