NARSINGHDAS Vs. DAMDOOLAL

JUDGEMENT

(1.) THE facts of this case which has led to the present revision application are so far correctly stated in the application. The order of the first Court refusing to grant a temporary injunction was a summary one, merely rejecting the connected application. The learned District Judge, in the appeal against this order and in the connected order in which he also refused the application for a temporary injunction, has dealt with the case in detail on the merits.

(2.) IN this Court, it has, first of all, been urged on behalf of the non-applicants that no revision lies against an interlocutory order of the kind in question. In this connexion, the decisions in Amolaksao v. Govindrao [1919] 15 N.L.R. 21 and Achalsingh v. Seth Jiwandas A.I.R. 1924 Nag. 44 as well as the majority decision in the Full Bench case of Buddhu Lal v. Mewa Ram A.I.R. 1921 All. 1 have been relied on, on behalf of the non-applicants, while the applicant, in urging that revision lies, has quoted Abdullah Khan v. Banke Lal [1911] 33 All. 79 and Israil v. Shamser Rahman [1914] 41 Cal. 436 in favour of the opposite view, but, from the principles laid down in the latter Nagpur case quoted, it is perfectly obvious that there is no true analogy between an application for revision of an order rejecting an application to sue as a pauper and an order refusing a temporary injunction like the present one.

(3.) CONSIDERING the time of the day at which the sale-deed was taken, the explanation offered for the delay, viz., applicant's absence from Nagpur, does not; seem to me a satisfactory or an adequate one. The applicant's position is, in my opinion, both from the legal and equitable points of view, a peculiarly weak one in striving to obtain a temporary injunction. Eyen, therefore, if, on the merits, I had deemed it to be open to this Court to interfere, it would be quite impossible for me to hold that the learned District Judge has not exercised his discretion in a reasonable and equitable manner in refusing to grant a temporary injunction.