DEBABRATA MUKHERJEE Vs. GOURIPUR COMPANY LTD.

JUDGEMENT

(1.) The only point in this Rule is whether the misc. judicial case started by the learned Munsif, Second Court, Barasat, upon an application made under Order XXXIX, Rule 1, Sub -rules (2) and (3), as amended by the Calcutta High Court, should be heard first before the disposal of the application for temporary injunction made by the Petitioner in connection with T.S. No. 56 of 1975. The Petitioner has brought the said suit against' the opposite parties, inter alia, for declaration and certain consequential reliefs. On February 1975, the learned Munsif issued a show -cause notice upon the Defendants why the Plaintiffs' prayer for temporary injunction should not be granted. The learned Munsif also passed an ad interim injunction in favour of the Plaintiff.

(2.) In short, the case of the Petitioner is that the opposite parties have violated the said ad interim order of injunction. The present opposite parties are contesting both the temporary injunction matter and also the above misc. case.

(3.) I do not propose to prejudice the matters by considering the merits of the respective claims nor is it possible within the limited scope of the present Rule. But, at the same time, I am not prepared to accede to the prayer of the Petitioner that the misc. judicial case brought by him should have precedence and the same should be heard before the temporary injunction matter is taken up.