RAJIV SOOD & ORS Vs. ASHIT KUMAR

JUDGEMENT

(1.) This appeal is directed against the order, dated 19th September, 2008, passed by a learned Single Judge of this Court, whereby OMP Nos.517 of 518 of 2007, filed by the defendants in Civil Suit No.56 of 2005, were rejected, and OMP No.312 of 2006, filed by the plaintiffs was granted by making the interim orders, dated 9th October, 2006 and 17th October, 2006, were made absolute, (for short, the impugned order).

(2.) In terms of Order 39 Rules 1 and 2 read with Section 94 of the Code of Civil Procedure, three ingredients - i) prima facie case, ii) balance of convenience and, iii) irreparable loss - are sine qua non for granting interim relief. No such discussion has been made by the learned Single Judge while passing the impugned order.

(3.) The defendants/appellants can prove the contents of the compromise deed during trial, if they choose so.