STATE OF HIMACHAL PRADESH Vs. KIRPA RAM

JUDGEMENT

(1.) This revision petition is directed against the order, dated 19th December, 1981 passed by the Additional District Judge, Simla, by which the appeal of the present petitioners (defendants) was dismissed as time barred.

(2.) The facts are that on 25th June, 1980 the respondents (plaintiffs) filed a suit for permanent prohibitory injunction against the petitioners (defendants) in the court of Senior Sub -Judge, Simla. Along with the suit the respondents also filed an application under Order XXXIX Rules 1 and 2 of the Civil Procedure Code for grant of temporary injunction.

(3.) The Senior Sub -Judge vide order, dated 27th June, 1980 granted an ad interim injunction. The application for temporary injunction was finally allowed on 31st July, 1980 by the Senior Sub -Judge, Simla, and the ad interim injunction granted on 27th June, 1980 was made absolute till the disposal of the suit.