GRAM PANCHAYAT, DAROLI JAT Vs. LOKESH DEVI

JUDGEMENT

(1.) THE challenge in this revision petition is to the order passed by learned Additional Civil Judge (Senior Division), Mahendergarh, dated 14.11.1998.

(2.) THE contention of the learned counsel for the petitioner is that once an order of injunction is issued by the Court, it has no inherent jurisdiction to direct police help and the only remedy left with the party in whose favour injunction has been issued, is to invoke the provisions of Order 39 Rule 2A of the Code of Civil Procedure. In other words, existence of provisions of Order 39, Rule 2A ousts the inherent jurisdiction of Court to pass the orders like the one impugned in this revision.

(3.) IN view of the above well enunciated principle of law governing the subject, reference to the facts would be necessary. Plaintiff had filed a suit for injunction based on an earlier decree in relation to the same land and alongwith the suit an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure was also filed. The learned Sub Judge on 9.12.1994 passed an interim order granting injunction in favour of the plaintiff and defendants were restrained from dispossessing the plaintiff till the disposal of the suit. The order dated 9.12.1994 was assailed in appeal before the learned District Judge, Narnaul who dismissed the appeal vide order 17.5.1996. The order of the learned 1st Appellate Court was not assailed before the High Court and the same has become final. As per the allegations made in the application, the applicant prayed for police help as the defendants were trying to forcibly dispossess the plaintiffs. Having considered the matter at some length and relying upon the judgment of the High Court in the case of Sher Singh v. Jangir and others, 1990(1) RCR(Rent) 532 (P&H) : 1990 P.L.J. 254, the learned trial Court directed the SHO concerned to provide necessary police help to the plaintiff for implementation of the order dated 9.12.1994. It is this order which has been assailed in this revision.