SMT. SARAMANI SWAIN Vs. SACHIDANANDA SWAIN

JUDGEMENT

(1.) THIS is an appeal against the order of temporary injunction passed against the appellant.

(2.) ON 16 -1 -1990, plaintiff prayed for ad interim ex parte temporary injunction against the defendant No. 1 granting ex parte ad interim order that day, trial Court directed to issue notice fixing 18 -1 -1990 of hearing the injunction matter. On 18 -1 -1990 service was held to be sufficient against the appellant and as she did not appear, temporary injunction was passed ex parte on 18 -1 -1990 which is impugned in this appeal.

(3.) ACCORDINGLY , I set aside the impugned order and direct the trial Court to hear the question of injunction afresh not being influenced by the impugned order which is passed in absence of defendant No. 1 (appellant). I make it clear that ex parte ad interim order of injunction passed on 16 -1 -1990 shall continue till disposal of this petition for injunction.