(1.) This appeal has been filed by the plaintiffs against the order dated 30-7-2004 passed by the District Judge dismissing the application under Order 39, Rules 1 and 2 read with Section 151. CPC in a suit for declaration.
(2.) The facts, which are relevant for the decision of the present appeal, are that the plaintiffs had filed a suit for declaration that the Civil Court decree dated 25-3-1997 obtained by the defendant-Bank was obtained by it by fraud etc from the District Judge, Sirmaur at Nahan and that the same was illegal and void and not binding on the plaintiffs. Along with the suit an application under Order 39, Rules 1 and 2, CPC read with Section 151, CPC was also filed by the plaintiffs seeking to restrain the defendant, by way of ad interim injunction, from attaching auctioning or selling the disputed property till the disposal of the suit.
(3.) The suit was contested by the defendant-Bank by filing written statement. Reply to the application under Order 39, Rules 1 & 2 read with Section 151, CPC was also filed alleging therein that no case for grant of ad interim injunction was made out especially when the defendant-Bank was effecting the sale of the disputed property in accordance with law through the Debt Recovery Tribunal, Chandigarh.