REKHA BHANWAR LAL MEHTA Vs. BALMUKUND

JUDGEMENT

(1.) The appeal under Order 43, Rule 1(r), CPC is directed against the order dtd. 27/11/2020 passed by the learned Additional District Judge No. 1, Chittorgarh (hereinafter referred to as the learned Trial Court) whereby the learned Trial Court dismissed the application of the appellant-plaintiff under Order 39, Rule 1 and 2, CPC.

(2.) Learned counsel for the appellant submits hat the order passed by the learned Trial Court is arbitrary and perverse and deserves to be quashed and set aside. It is submitted that the balance of convenience, irreparable loss and prima facie case lies in favor of appellant. Thus, it is prayed that the impugned order may be quashed and set aside and the application under Order 39, Rule 1 and 2 may be allowed.

(3.) Learned counsel for the respondent objects to the prayer made by the learned counsel for the appellant and submits that the impugned order is well reasoned and calls for no interference.