UDA RAM AND ORS. Vs. SEDHYA AND ORS.

JUDGEMENT

(1.) THIS revision has been directed against the order dated 31.5.89, passed by learned Additional District Judge, Dausa, in Civil Miscellaneous Appeal No. 36/1985, by which he confirmed the order dated 12.8.1985, passed by learned Munsif, Bandikui, on an application for temporary injunction.

(2.) THE relevant facts giving rise to this revision are that the plaintiff non petitioners filed a suit against the defendant petitioners for injunction. They also filed an application for temporary injunction praying that the petitioners be restrained from going the taking their bullocks through eastern side of Khasra No. 6343. The trial court allowed the application for temporary injunction vide order dated 12.8.1985. Against the order of the trial court, the defendants filed an appeal. During the pendency of appeal, the petitioners submitted an application under Order 41 Rule 27 CPC alongwith the order of Tehsildar, Baswa, report of Patwari alongwith site plan. It seems from the record that no order was passed on this application by the lower appellate court and ultimately the lower appellate court vide its order dated 31.5.1989, rejected the appeal of the petitioner. Being aggrieved with the said order, the petitioners have come in revision.

(3.) ON the other hand, Mr. Jain, counsel for the plaintiff non petitioners argued that the petitioners did not argue the said application before the lower appellate court and under these circumstances it may be deemed that the lower appellate court rejected the said application of the petitioners. He argued that the lower appellate court did not commit any illegality and irregularity in deciding the appeal. He further argued that if this Court is of the view that the documents filed by the petitioners before the first appellate court were not considered by the said Court, this Court can consider those documents in revision. He further argued that no such ground was taken by the petitioners in their memo of revision. He also argued that the documents have no bearing.