BALA Vs. GOPAL

JUDGEMENT

(1.) THIS Miscellaneous appeal under O. 43, R. 1(r). CPC arises out of an order dated 23 -11 -1987, passed by the Addl. District Judge, Kukshi (District Dhar), in Civil Suit No. 254 of 1987, thereby passing an ad -interim injunction (operative till disposal of the suit), restraining the appellants from (i) interfering with the plaintiff -respondent's possession of agricultural land, bearing survey No. 1/1, situated in village Sisgaon, Tahsil Kukshi, and (ii) from laying a pipe -line through the plaintiff's land, as described in the plaint.

(2.) THE suit was filed on 16 -11 -1987, that very day report of the Reader was also called for, the same day it was registered and notices for settlement of issues were issued for 23 -11 -1987. The learned Judge has noted in his order dated 23 -11 -87 that by 12 -30 p. m. when the case was called, the appellants were not present, as such the Court proceeded ex parte.

(3.) BEFORE expressing any views on merits of such an order being passed, it is desirable that the Court while acting in such a hot -haste, as is reflected by the impugned order, should have considered the desirability of making the order operative till disposal of the suit, thus leaving no scope for its reconsideration, modification or alteration therein.