BANGLADESH SERICULTURE BOARD Vs. MD. FAZLUR RAHMAN AKUNJEE

JUDGEMENT

(1.) This is a defendant's appeal, by leave, from judgment and order dated September 25, 1986 passed by a Single Judge of the High Court Division, (Rangpur Session) in Revision restoring the order of the Munsif granting temporary injunction after setting aside that of the District Judge vacating the same.

(2.) Plaintiff-respondent brought O.C. Suit No. 91 of 1986 in the Court of Munsif, Sadar Rajshahi on 9.3.86 praying for a declaration that the order of the defendant-appellant No. 2 reverting the plaintiff to the post of Assistant Secretary from that of the Deputy Secretary of the Bangladesh Sericulture Board, Rajshahi was illegal, void and without jurisdiction and he was still the Deputy Secretary of the said Board. The plaintiff prayed for an order of temporary injunction restraining the defendants from giving effect to the said order of reversion and also from taking over charge from him.

(3.) Defendants opposed the prayer for temporary injunction raising, amongst other, the plea that the impugned order had already taken effect from 3.3.86 when the same was served upon the plaintiff.