PIRTHIPAL SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) THIS order disposes of Civil Revision filed by Pirthipal Singh under Article 227 of the Constitution of India read with Section 115 C.P.C. for calling the record of Civil Suit No. 526 of 1992 pending in the Court of Sub Judge Ist Class, Fatehgarh Sahib and for setting aside the order dated 1.6.1996 passed by the Court of Mr. D.K. Sarpal, Sub Judge, Fatehgarh Sahib and for setting aside the further proceedings of granting temporary injunction vide order dated 5.8.1996 passed by Ms. Manju Rana, Sub Judge Ist Class, Fatehgarh Sahib and order dated 13.9.1997 passed by the Court of Additional District Judge, Fatehgarh Sahib.

(2.) SOME facts can be noticed in the following manner :-

(3.) THE ex parte injunction order was granted in favour of the plaintiffs and directions were also given to the plaintiffs to comply with the provisions of Order 39 Rule 3 C.P.C. on that day itself and if the compliance was not made, the ex parte stay granted in favour of the plaintiffs stood automatically vacated. The compliance of the order dated 4.7.1992 was made by the plaintiffs and notice was issued to the defendant. The record of the lower Court has been summoned. It appears that the defendant could not be served and the stay order granted in favour of the plaintiffs continued upto 4.6.1993. Thereafter the formal order of extension of stay for one reason or the other could not be passed by the trial Court, but it is also clear from the record of the lower Court that ex parte stay was never vacated though the application under Order 39 Rules 1 and 2 C.P.C. was contested by the defendant. The case continued and on 28.5.1996 this case again came up for the hearing before the trial Court (Mr. D.K. Sarpal, Civil Judge, Junior Division, Fatehgarh Sahib). In the main order-sheet the order dated 28.5.1996 runs as follows :