DEBASHISH SEN Vs. SHYAMAL PAUL

JUDGEMENT

(1.) Head Mr. U. Dutta, learned counsel for the appellant and Mr. GN Sahewalla, learned senior counsel assisted by Ms.S. Senapati, learned counsel for the respondents.

(2.) This is an appeal filed by the plaintiff under Section 43, Rule 1(r) of the Code of Civil Procedure, 1908 against the order dated 17.4.2013 passed by the learned Civil Judge No.1, Cachar, Silchar in Misc. Case No.41 of 2010 arising out of Title Suit No.44 of 2010.

(3.) By the impugned order, the learned Trial Court dismissed the application made by the plaintiff under Order 39, Rule 1 and 2 of the Code and declined to grant injunction in relation to the subject matter of the suit.