CHANDRA SINGH Vs. SHANTI DEVI

JUDGEMENT

(1.) THIS revision arises from the order dated November 9, 1993 of the learned Additional District Judge No. 2, Jaipur City, Jaipur, whereby the appeal preferred by the plaintiff non-petitioner (for short the 'plaintiffs') under Order 43 Rule 1 CPC was allowed and temporary injunction was issued against the defendant-petitioner (for short the defendant) restraining him from dispossessing the plaintiffs from shop in dispute in execution of decree dated February 16, 1979.

(2.) IN order to highlight the grievance of the defendant, it is necessary to note a few backdrop facts.

(3.) AFTER having heard learned counsel for the parties and after careful scrutiny of the record, I am of the considered opinion that provisions of Order 21 Rule 102 CPC are attracted in the matter and the learned appellate court committed error of jurisdiction in allowing the appeal and setting aside the order of the learned trial court. The learned appellate Court did not properly peruse the order passed by this Court S.B. Civil Execution Second Appeal 2, 1982 on November 6, 1982. This Court in the said order propounded thus :-