RAJESWAR RABHA Vs. KHAGEN CHANDRA KALITA

JUDGEMENT

(1.) In this revision petition the petitioner has impugned the order dated 24.8.91 passed by the learned Asstt. District Judge No. 1, Guwahati in Title Suit No. 12/91 rejecting the prayer to cross-examine the plaintiff-opp. parties on the averments made in the application for grant of ad interim injunction supported by affidavit.

(2.) Plaintiff-opp. party No. 1 instituted Title Suit No. 12/79 in the court of learned Asstt. District Judge No. 1. Guwahati for a declaration that the plaintiff has equal right, title and interest in the business of M/s Dipti Gas agency, as joint partner/proprietor of the same and that the defendant No. 1 was not the sole proprietor, and also for a permanent injunction restraining the defendant No. 1 and/or his agent, men, servant from preventing the plaintiff from taking part in managing and running business of M/s Dipti Gas Agency and alternatively, for a decree for recovering Rs. 50,000.00 with interest @ 6=% from the date of filing of the suit till realisation.

(3.) The case of the plaintiff as stated in para 1 of the revision petition are as follows: