SHANKAR LAL Vs. NARBADA SHANKAR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 21.11.2008 whereby the learned appellate Court below has rejected the application under Order 39 Rule 7 C.P.C.

(2.) LEARNED Counsel for the plaintiff -petitioner submitted that in the suit for specific performance in relation to mine it was expedient of learned appellate Court to ascertain the latest position of the mine while deciding the application for grant of temporary injunction to the plaintiff. Learned appellate Court has however rejected the said application without assigning any cogent reason while relying on Rule 67 of General Rule (Civil) 1986 and decision of this Court in case of Dr. Atul Kumar v. Tarun Kumar, 1999 WLC (Raj.) UC 422.

(3.) LEARNED Counsel for the respondents opposes these submissions.