MAJOR SINGH Vs. CIVIL JUDGE

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioners for quashing the order dated 12.01.2012 (Annexure- 12), whereby, the application filed under Order 1 Rule 10 CPC by the petitioners in the Court of Civil Judge (Senior Division), Hanumangarh in Civil Suit No.46/2011 was rejected.

(2.) LEARNED counsel for the petitioners submits that a suit for declaration and injunction was filed by the respondent- plaintiffs in relation to the orders dated 05.10.2011 and 11.10.2011 passed by the irrigation authorities in the Court of Civil Judge (Senior Division), Hanumangarh. Alongwith suit an application under Order 39 Rule 1 and 2 CPC for granting temporary injunction was also filed.

(3.) MEANING thereby the cause of action in the civil suit was arose upon the proceedings initiated upon the applications filed by the petitioner No.4 and in this writ petition, the respondents give following reply to the ground No.2 which reads as under:-