BIRENDRA CHANDRA DAS Vs. SAMIR GHOSH

JUDGEMENT

(1.) . Defendant No. 6 obtained the Rule upon making a revision application made under section 115( 1) of the Code of Civil Procedure against an order dated 21-6-2006 passed by Joint District Judge, Court No. 2 at Kishoreganj in Miscellaneous Appeal No. 38 of 2005, which reversed the order dated 28-9-05 of the Senior Assistant Judge of Kishoreganj passed in Other Class Suit No. 236 of 2002 and set aside the order of ad-interim injunction.

(2.) On or about 25-6-02 opposite party No. 1 as plaintiff instituted the suit against the petitioner and others for a decree declaring the memo 19-6-02 issued by defendant No. 1 canceling the licence for exhibition of cinema in the Universal Talkies Cinema Hall illegal, collusive, fraudulent, inoperative and without jurisdiction and not binding upon the plaintiff.

(3.) The petitioner got him added in the suit as defendant No. 6 by an order dated 31-1-05. Then, the petitioner on 26-2-05 made an application under Order XXXIX, rules 1 and 2 read with section 151 of the Code of Civil Procedure for temporary injunction for restraining the plaintiff from exhibiting cinema in the said cinema hall.