DAGA GAS AGENCY Vs. RAJ STATE INDUSTRIAL

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY the impugned order the learned lower appellate court has set aside the injunction order granted by the learned trial court restraining the non -petitioner defendant from allotting Plot No. 79 -A to any body else pending disposal of the suit. The reason given by the learned lower appellate court for dismissing the injunction application is that the plaintiff was not allotted the plot in as much as the allotment claimed by the plaintiff is dated 28.10.91 and subsequent exchange dated 13.12.1991 were mere proposals and since according to the defendant the plaintiff did not deposit the balance 3/4 amount, the allotment was withdrawn and since the allotment according to the defendant was only proposal which has already been withdrawn, it cannot be said that the plaintiff has any prima -facie case or that the plaintiff was entitled to be given any opportunity of hearing before such withdrawal.

(3.) CONSEQUENTLY the revision petition is allowed, the impugned order is set aside and that of the trial court is restored.