RAM SWAROOP Vs. BHOLU RAM

JUDGEMENT

(1.) :- Hon'ble the Chief Justice vide his order dated 10-4-89 has referred the following question to be decided by a larger Bench:

(2.) The learned Chief Justice noticed conflict between a single Bench decision of this Court in Kusum Kumar Choudhary v. Supra Films (1971 RLW 282) and the single Bench decision of the Andhra Pradesh High Court in Ali Bin Aifan (AIR 1983 AP 114) in which reference was made to some other decisions and the learned Chief Justice also made reference to a Division Bench decision in Kanihyalal v. Meghraj (AIR 1954 Nag 260). In the Andhra Pradesh decision it was held that O.19, C.P.C. is applicable for deciding the application under O.39, C.P.C. and in the Nagpur Division Bench decision the expression "any application" in O.19, Rule 2, C.P.C. was held to mean "any application" under the Code since the Code itself does not define the word "application" nor does it make any distinction between one application and another. In view of these decisions Hon'ble the Chief Justice was of the view that it would be proper to reconsider the correctness of the view taken in Kusum Kumar Choudhary v. Supra Film., (supra) wherein the learned Judge took the view that provisions of O.19, R.2, C.P.C. is not applicable to an application for grant of temporary injunction under O.39, C.P.C.

(3.) We have heard Shri B.L. Pagaria, learned counsel for the petitioner. Nobody has put in appearance on behalf of the respondent.