PREM SINGH Vs. DARBARA SINGH

JUDGEMENT

(1.) CHALLENGE in the present revision petition is to the order passed by the Courts below on an application under Order 39 Rule 2 A of the Code of Civil Procedure.

(2.) THE plaintiff-petitioner filed a suit for permanent injunction alongwith an application for grant of ad interim injunction. On such application, defendant No.1 suffered the following statement on 13.11.2001 :

(3.) LEARNED counsel for the petitioner has admitted during the course of hearing that the suit in which such statement was made stands dismissed. In view of this fact, two questions arise for consideration : (i) Whether the statement of the defendant on 13.11.2001 was operative and valid on 24.11.2001? (ii)Whether the application under Order 39 Rule 2 A of the Code of Civil Procedure would be maintainable after the suit has been decided and when the interim order granted during the pendency of the proceedings stands merged with the final order?