GOPAL NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal by the plaintiff against an order dated 15-11-1971, rejecting the application for grant of temporary injunction against recovery of Sales Tax Officer, Gwalior Circle No. 1.

(2.) FACTS essential for purposes of this appeal are as under:-

(3.) SHRI A. K. Shrivastava and Shri Balwant Singh appeared on behalf of the plaintiff-appellant and contended that the impugned order is illegal on facts as well so on law. Shri M. N. Pendharkar, panel lawyer for the State argued in support of the impugned order and further contended that after registration of the suit, plaintiff submitted another application under Order 39, rules 1 and 2 read with section 151, Civil Procedure Code on 3-1-1972, for restraining the defendant from recovery dues in question. This application was opposed by the State Government and was dismissed by order dated 17-1-1972. No appeal has been filed against this order. Therefore, the present appeal deserves to be dismissed.