AJAY KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petitioner has been filed in this Court by the petitioner's firm through its' Manager under Section 115 of the Code of Civil Procedure against the order dated 20. 3. 93 passed by the Additional District Judge No. 5, Jaipur City, Jaipur whereby the appeal filed by the petitioner against the order of Additional Munsiff (West), Jaipur City, Jaipur has been dismissed. The learned Additional Munsiff (West) dismissed the application for grant of temporary injunction filed by the petitioner.

(2.) IT will be pertinent to mention that this revision petition was earlier listed before this Court on 25. 8. 93 when none was present on behalf of the petitioner. This Court after considering the matter passed the order by specifically observing to the effect that "it is thus clear that both the courts below have right to entertain the application and the appeal, and dismissed the same after discussing on merits. So, this is not a case for interference under Section 115 CPC. Consequently, this revision petition is therefore, dismissed in limine. " Subsequently on petitioner's application, the aforesaid order dated 25. 8. 93 was recalled by this Court on 11. 4. 94 and fresh notices were issued to the respondents. This is how this revision petition has come up for admission before this Court and is being disposed off today by an order passed in the Court after hearing the learned counsel for the parties at length.

(3.) THE matter has been examined in detail by both the courts below and both the courts have recorded the concurrent findings of fact against the petitioner that the petitioner is to be blamed for his own lapse since he has not completed the work pertaining to the construction of the road within the stipulated time and notwithstanding the extension of time granted to the petitioner yet he could not complete the same.