AJIT KUMAR DEB ROY Vs. NARAYAN CHANDRA NATH

JUDGEMENT

(1.) This is an appeal under Order 43 Rule 1 read with Section 104 of the Code of Civil Procedure controverting the validity and propriety of the order dated 29.7.1997 passed by the learned Civil Judge, Senior Division, Dharmanagar, in Misc. Case No. 30 of 1997 arising out of Title Suit No. 21 of 1997 restraining the Defendant -petitioner from alienating the land described in Schedule A and from entering the land described in Schedule B of the plaint.

(2.) Being aggrieved with the aforesaid order, the Defendant has preferred this appeal assailing the order on the ground that the learned trial Court below committed an error in granting the temporary injunction exparte without hearing the, Defendant without any supporting material and in violation of the provision of Rule 3 A of order 39 of the Code of Civil Procedure. It is further contended that the prerequisites for issuing injunction, nemely, existence of primafacie case, the presence of convenience and irreparable loss and injury have not been taken into consideration by the learned Court below and, therefore, the order under challenge cannot be sustained.

(3.) I have heard Mr.A.C. Bhowmik, learned counsel for the appelllant and Mr.D.Chakraborty, learned counsel for the Opposite party-respondent.