CHARAN DASS Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This judgment shall dispose of C.R. Nos. 747 and 1602 of 1987.

(2.) The facts as also the points of law involved in both of them are identical. Reference to the facts shall, however, be made from C.R. No. 747 of 1987.

(3.) The petitioner filed a suit for grant of a declaration to the effect that the attachment warrants issued by the Deputy Director Local Self Government, Patiala-cum-Special Executive Magistrate, defendant-respondent No. 2, for recovery of Rs. 1,05,811.98 and the attachment order dated 7.12.1983 passed by him on a representation of the Municipal Committee, defendant-respondent No. 1, for recovery of Rs. 1,32,605.90 from the plaintiff-petitioner are illegal, arbitrary, unconstitutional, without jurisdiction and for permanent injunction restraining them from effecting the said recovery from the petitioner by coercive means. The petitioner filed an application under Order XXXIX, Rules 1 and 2, Code of Civil Procedure, for grant of temporary injunction restraining the respondents from executing the aforesaid warrants and orders against him. The application was allowed by the learned Additional Senior Sub-Judge, Patiala, vide order dated 22.11.1984 and she issued an order restraining the respondents from effecting recovery of the aforesaid amount from the petitioner till the decision of the suit. On an appeal filed by the respondents the same has been allowed by the learned Additional District Judge, Patiala, and the order of ad interim injunction passed by the learned trial Court has been set aside. This is how the petitioner has approached this Court through the present revision petition.