MINA DEVI Vs. SMT.JAGTARNI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) THIS civil revision has been filed against order dated 3.3.2006 by which learned Additional District Judge, 1st, Saharsa, allowed Miscellaneous Appeal No. 11 of 2004. The petitioner was the plaintiff who had filed Title Suit No. 43 of 2003 for declaration of title and other connected reliefs. In the said suit, a petition for ad interim injunction was filed by the plaintiff - petitioner for restraining the defendant from interfering in the possession of the plaintiff and from changing the nature of the suit land and to maintain status quo till the disposal of the suit. The said injunction petition was allowed by the trial court on 11.6.2004 against which the defendants filed Miscellaneous Appeal No. 11 of 2004. By the impugned order dated 3.3.2006, the learned Additional District Judge, 1st Court, Saharsa, allowed the said Miscellaneous Appeal and set aside the order of injunction passed by the trial court.

(3.) NOW this civil revision has been filed by the plaintiff challenging the order of the lower appellate court. Both the aforesaid orders of the learned courts below have been passed after the amendment of the Code of Civil Procedure of the year 1999 and in view of the said amendment, no such civil revision can be entertained against an order passed in miscellaneous appeal affirming, reversing or modifying any order regarding injunction passed by the trial court. This view also finds support from a decision of the Hon ble Apex Court in case of Surya Dev Rai V/s. Ram Chander Rai & Others, 2003 6 SCC 675.