STATE OF BIHAR Vs. RAGHUNANDAN SINGH

JUDGEMENT

(1.) This appeal involves the interpretation of Section 80, of the Code of Civil Procedure, 1908. The sole question for determination is, whether a future act or an act threatened or apprehended in the future is outside the scope of Section 80 of the Code ?

(2.) This appeal by the defendant --- State of Bihar -- arises out of a suit, brought by the plaintiff-respondent, for permanent injunction restraining the appellant and the Circle Officer, defendant 2 --respondent 2, from settling the ghat in suit, with anybody, in near future, which has been decreed by both the courts below.

(3.) In paragraph 6 of the plaint, which was filed on the 7th July, 1954, the plaintiff averred, inter alia :