ABDUL HAKIM Vs. HABIB KHAN

JUDGEMENT

(1.) This instant revision arises from the order dated Dec. 6, 1996, of the learned Additional Civil Judge No. 1, Jaipur City, whereby the application filed under Section 151 of the Code of Civil Procedure by the plaintiff-non-petitioner was allowed.

(2.) Briefly stated facts giving rise to this revision petition are that the plaintiff-non-petitioner (for short the 'plaintiff') instituted a suit for permanent injunction before the trial Court against the defendants-petitioners (for short the 'defendants') stating therein that the plaintiff was a tenant in the shop in question. The defendants wanted to make repair in the said shop and threatened the plaintiff to dispossess forcibly. Therefore, the defendants entered into caveat and appeared before the learned trial Court on Nov. 10, 1994. The plaintiff and the defendants moved an application on Nov. 10, 1994 under Section 151, C.P.C. before the learned trial Court. A perusal of the said joint application reveals that following undertaking was filed by the parties :

(3.) On the basis of the joint application the case was adjourned for Feb. 10, 1995.