SHAKOOR Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) ORDER :- In both the above civil revisions identical questions of law arise as such they are disposed of by one single order.

(2.) In both the cases the plaintiffs filed a suit for permanent injunction and along with the suit filed an application for temporary injunction under O.39, R.1 and 2, C.P.C. The defendants filed a reply to the application for temporary injunction and thereafter the plaintiff filed a rejoinder under O.8, R.9 read with S.141, C.P.C. The learned trial Court held that O.8, R.9 can apply where suit is filed and after filing the written statement the plaintiff wants to file subsequent pleadings. It was further held by the trial Court that the provisions of O.8, R 9 did not apply in respect of an application filed for temporary injunction. It was also observed by the trial Court that the provisions of S.141, C.P.C. read with O.8, R.9 C.P.C. also did not permit the plaintiff to file a rejoinder in case of an application for temporary injunction filed under O.39, Rr. 1 and 2 C.P.C.

(3.) Aggrieved against the order of the trial Court, these revisions have been filed by the plaintiffs.