STATE OF RAJASTHAN Vs. RAMESH CHAND

JUDGEMENT

(1.) BOTH these revision petitions are directed by the petitioners against the order of the Addl. District Judge No. 1, Bharatpur in Civil Misc. Application No. 89/94 and the same are being taken up for hearing together and are being decided by this common order.

(2.) THE facts of the case and the grounds to challenge this order are taken from S.B. Civil Revision Petition No. 798/2000.

(3.) THE arguments on the application filed under Order 39 Rules 1 and 2, CPC were heard and this application came to be rejected by the learned Trial Court under its order dated 8.9.1994. The plaintiff non -petitioner filed an application under Section 151 on 5.5.2000 praying therein for grant of temporary injunction i.e. to direct the respondents to make the payment of the FDR. This application was contested by the petitioner. It is stated in the reply to the application filed by the petitioner that the firm consisting of plaintiff non -petitioner No. 1, petitioner Ranjit Singh, Harnam Singh and Maharaj Singh and the FDR in dispute was placed with the non -petitioner No. 3 for this firm as security. It is stated that he obtained the contract for collecting the toll tax on the Kanota Bridge of Dhund River for a period of one year from 6.4.1991 to 5.4.1992. The amount of the FDR has been adjusted in connection with the amount of contract. The contract was given on 21.3.1991 and the FDR was prepared on 22.3.1991. Learned Trial Court under the impugned order allowed that application and directed the respondent non -petitioner No. 3 to make the payment of that FDR to the non -petitioner No. 1. Hence this revision petition.