SURJIT SINGH MALIK Vs. ASIATIC OXYGEN LTD

JUDGEMENT

(1.) HEARD . This application has been filed to review the order dated 20.9.2001 passed by this Court in M.A - No. 208 of 2000, whereby the said appeal was disposed of with certain observation.

(2.) THE said appeal was filed under Order XLIII Rule 1 of the Code of Civil Procedure, challenging the order dated 23.9.2000, whereby prayer for interirfi in - junction made in Title Suit No. 63 of 2000 was rejected with following observation : If at all any wrong will be found, the party or parties having grievances will be redressed at the time of final adjudication of the suit and this order passed on the point of injunction will not affect final adjudication after full trial. All the defendants have as yet not filed their written statements."

(3.) THIS Court did not interfere with the order impugned in the said appeal. However, since the prayer for interim order was disposed of in the aforesaid manner at the stage, when all the defendants had not even filed written statements and there was serious objection to the maintainability of the suit, this Court observed that the defendants were at liberty to file a petition under Order XIV, Rule 2 at the appropriate stage and after disposal thereof, if so advised, the plaintiffs may file a fresh application for interim injunction, which may be considered and disposed of in accordance with law without being prejudiced by the earlier order dated 23.11.2000.