KANCHAN BAI Vs. KETSIDAS

JUDGEMENT

(1.) This application has been moved for reviving the Revision Petition No. 307 / 86 which was dismissed as infructuous on the ground that the suit out of which it arose had been rejected under O.7, R.11, C.P.C.

(2.) It was contended by the learned counsel for the petitioner that it is clear from the order dated 17/01/1989 passed by this Court in the said revision petition that it was dismissed as becoming infructuous on the grounds that the plaint had been rejected on 23-11-1985 under O.7, R.11, C.P.C. the order dated 23-11-1985 rejecting the plaint has been set aside; the suit has stood restored to its original number, as a result thereof, the injunction order giving rise to the revision petition has also stood revived and, therefore, the revision petition be taken on record and be decided on merits. He relied upon AIR 1985 SC 964, Ganesh Pd. v. Laxmi Narain, AIR 1966 SC 948, Binayak Swain v. Ramesh Chandra, AIR 1934 Madras 49, Saranatha Ayyangar v. Muthiah Moopanar, AIR 1935 Madras 365 (FB), Tavvala Veeraswami v. Pulim Ramanna, AIR 1978 A.P. 30, 'Nandipati Rami Reddi v. Nandipati Padma Reddy.

(3.) In reply, it was contended by the learned counsel for the non-petitioners Nos. 1 to 8 that the temporary injunction giving rise to the Revision Petition No. 307 / 86 came to an end on the rejection of the plaint by order dated 23-11-1985 it did not stand revived on the order of the appellate Court setting aside the order rejecting the plaint, as such the temporary injunction giving rise to the said revision petition does not exist today and there is no question of its revival. He further contended that a fresh application for injunction was moved by the plaintiffs after the revival of the suit, the trial Court has issued an injunction on this application and the petitioner has filed an appeal against this order in the Court of the District Judge, Bhilwara. He relied upon, AIR 1955 Mysore 91 (FB) Gangappa v. Boregowda, AIR 1973 All 67 (FB), Abdul Hamid v. Karim Bux, AIR 1981 Patna 102 Ranjit Singh v. Dr. Sarda Ranjan Prasad Sinha, and AIR 1975 Patna 42, Gopi Halwai v. Bibi Zainab Khatoon.