VARINDER KUMAR JINDAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE plaintiff has assailed the order of the first appellate court dismissing the application under Order 39, Rules 1 and 2 of the Code of Civil Procedure filed with the suit for mandatory injunction directing the defendant-respondents to return the case files and a sum of Rs. 37,331 as mentioned in annexures A and B appended to the plaint, in this revision petition.

(2.) THE facts :

(3.) THE discretion exercised by the first appellate court in the matter of refusing temporary injunction cannot be interfered with in revision. THEre is nothing to suggest that the order passed by the first appellate court can be termed as perverse. THE order cannot be set aside merely on the ground of an error in the judgment of the lower appellate court in the exercise of its jurisdiction. As held by the first appellate court, the plaintiff has failed to make out a prima facie case for grant of interim injunction in his favour.