HAR KUMAR DE Vs. JAGAT BANDHU DE

JUDGEMENT

(1.) This appeal raises a short question, but with regard to which there seems to be a good deal of controversy.

(2.) The plaintiff brought the suit for damages against the defendant for obtaining an order of temporary injunction wrongfully on insufficient grounds, by reason of which the plaintiff had suffered damages, inasmuch as he had to pay compensation to a third person on account of breach of a contract for erecting a hut. The defendant had brought a suit for possession of a certain property and, in the course of the suit, he had obtained a temporary injunction restraining the present plaintiff from going on with the building operation on the disputed land. The suit was decided in favour of the present plaintiff and thereupon the injunction was dissolved.

(3.) It is unnecessary for me to state in detail all the facts alleged, having regard to the order that we propose to make in this case.