DIPAK CHANDRA RUHI DAS Vs. PRADIP KUMAR SARKAR

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. S. Sarma, learned counsel for the respondent nos.1 to 3, Mr. G. Bordoloi, learned Govt. Appearing for respondent nos.5 and 10 to 14, Mr. M. Nath, learned standing counsel for respondent no.8 and Mr. D. Baruah, learned standing counsel for respondent no.6.

(2.) By this application filed under Article 227 of the Constriction of India, the petitioner has assailed the order dated 22.02.2021 passed by the learned District Judge, Bongaigaon in Misc.(J) Case No.6/2021 in Misc. Appeal No.1/2021. By the said order, the order dated 01.02.2021 passed by the learned Civil Judge Bongaigaon in Misc.(J) Case No.6/2021 in T.S.3/2021, thereby granting ex parte ad interim injunction, was stayed till further orders.

(3.) At the outset, the learned counsel for the respondent nos. 1, 2 and 3 has questioned the maintainability of this application filed under Article 227 of the Constitution of India on the ground that the statutory remedy available to assail the first appellate order in the matter of injunction would be by invoking revisional jurisdiction under Section 115 CPC. However, it is seen that Court would have jurisdiction to entertain the challenge under Section 115 CPC, as such, incorrect mentioning of the provision of Article 227 of the Constitution of India would not be a good reason to non- suit the petitioner. Therefore, despite objection by the learned counsel for the respondent nos. 1, 2 and 3, the Court deems it appropriate that the matter be heard as if entertaining a revision under Section 115 CPC. The defect can be rectified by directing the Registry to re-register this application as a revision under Section 115 CPC.