NARAYAN DUTT Vs. MOHANI DEVI

JUDGEMENT

(1.) THIS is a revision application by Narayan Dutt and Krishna Dutt against an order of the District Judge, Pali.

(2.) THE applicants presented a pauper application before the District Judge on 2-564 and along with that application filed another application praying for an injunction against the respondents Smt. Mohani Devi and Shivdutt. The application for injunction was dismissed on the ground that it could not be granted till the suit was registered after the disposal of the pauper application.

(3.) ON behalf of the applicants it is asserted that the view taken by the learned district Judge is erroneous. Reliance is placed on the Full Bench decision of the patna High Court in Matuki Mistry v. Kamakhya Prasad, AIR 1958 Pat 264 (FB ). A contrary view was taken in Thimmayya v. Sadasivappa, AIR 1952 Mys 76 and purna Chandra v. Tara Prosad, AIR 1917 Cal 852. The majority of the High Courts have however taken the view which was taken by the learned Judge of the Patna high Court in the above Full Bench case. I respectfully agree with this view.