BHABENDRA NATH Vs. JATINDRA MOHAN SARMA

JUDGEMENT

(1.) This revision petition under Section 115 CPC arises out of an order dated 16.12.93 passed by the Asstt. District Judge No.1, Guwahati in Misc Case No. 12/90 and Misc Case No.6/90.

(2.) Few basic facts may now be noted. Plaintiff petitioner filed a suit for declaration of his title coupled with permanent injunction. He also prayed for the following relief; apart from declaration -

(3.) While it is true that the defendant even in a suit can seek interim relief of injunction in the instant case, the respondent applied for injunction restraining from cutting Earth from the land of the adjacent boundary without any specific description of the land and the trial court assimilating the two cause of action passed the impugned order. As already noted above, even the defendant respondent was entitled interim relief of the suit filed by the plaintiff petitioner. It was not open to hi to explain the scope of the subject matter of the suit which is not covered by the plaintiffs suit. For any such relief, if the defendant respondent so desired, he should have filed and independent suit which has not been done.