REHAN MOHAMMAD SHAH Vs. SHARDA SHARMA & ORS

JUDGEMENT

(1.) The present appeal arises out of the order dated 29.10.10 passed by the Addl. District & Sessions Judge, Court No. 5, Jaipur City, Jaipur (hereinafter referred to as 'the trial court') in Civil Misc. Application No. 100/07 whereby the application filed by the plaintiffs-respondents under Order XXXIX Rule 1 and 2 CPC was allowed.

(2.) During the course of the arguments it was submitted by the learned counsel for the appellant that the impugned order has been passed by the trial court without affording opportunity of hearing to the appellant, though the court had permitted the appellant-defendant to file the written statement and contest the suit on merits. According to him the learned counsel for the appellant was under the impression that the matter was fixed for filing the written statement by the appellant, however, the trial court decided the application for temporary injunction without affording the opportunity of hearing to the appellant.

(3.) The learned counsel Mr. Amit Jindal for the respondent No.1-plaintiff submitted that the appellant was aware about the fixing of hearing of application for temporary injunction, however he did not remain present and the order has been passed.