STATE OF TRIPURA Vs. NILRATAN MAJUMDAR

JUDGEMENT

(1.) This application in revision under Section 115 of C.P.C. is directed against the judgment of learned District Judge, South Tripura, Udaipur passed in Civil Misc. Appeal No. 7 of 1996 up-holding the order of temporary injunction that was granted by the learned Civil Judge (Junior Division) in Misc. Case No. 9/ 1996 arising out of T.S.No.12 of 1996.

(2.) I have heard Mr. M.K. Dutta, the learned counsel appearing on behalf of the petitioners and Mr. K.N. Bhattacharjee, the learned senior counsel apearing on behalf of the respondent.

(3.) Although I thought to dismiss this revision petition in limine on account of some incorrect submissions before the Court, I did not do so as Mr. Dutta cited some decision. At the very outset Mr. M.K. Dutta, the learned counsel for the petitioners made a submission that this matter which relates to some transfer of a doctor was wrongly dealt with by both the Courts-below as both of them examined the case from a wrong angle. As the Court desired to know after how many years the respondent was transferred from his present place of posting Mr. Dutta submitted that the respondent was transferred after about 4 years which is absolutely an incorrect statement. However, as Mr. Dutta cited some decision in support of his contention I have considered it necessary to deal with all the aspects of the case.