HARJEE ALIAS HAJARI Vs. RANJEET SINGH

JUDGEMENT

(1.) THE order of disposal of this revision shall also govern the connected Civil Revision No. 1086 of 1994, parties being Umrao v. Ranjit and five others.

(2.) THIS revision is directed against the order dated 23.7.1994 passed by 4th Civil Judge, Class -II, Sehore, in Civil Suit No. 56 -A of 1994. The learned Civil Judge has ordered that the order of temporary injunction passed in favour of non -applicant No. 1 is still operative after the order of remand passed by the High Court.

(3.) THE non -applicant No. 1 filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, and obtained the temporary injunction. It appears that there was an objection to the maintainability of the suit that the non -applicant No. 6 belonged to Scheduled Caste and that the sale -deed executed by him was not, in reality, a sale transaction, but a loan transaction and it was governed by M.P. Anusuchit Jati Rin Sahayata Adhiniyam, 1967. For this reason the trial Court came to the conclusion that the suit was not maintainable for want of jurisdiction in view of the express bar under the aforesaid Adhiniyam. The matter was confirmed in appeal but the High Court set aside the dismissal of the suit and remanded the case back to the trial Court.