BONGAIGOAON MUNICIPALITY Vs. BUSTIMALL SUKLESHA

JUDGEMENT

(1.) The two questions involved in this application filed under Article 227 of the Constitution of India read with section 151 of the C.P.C. are whether an order of temporary injunction can be granted on the basis of a plaint which was not initially stampted with adequate Court Fees and whether after the ad interim order of temporary injunction was made absolute the aggrieved party can challenge the order under Article 227 of the Constitution read with Section 151 C.P.C. without preferring appeal under Order 43 Rule 1(r) CPC.

(2.) Before I proceed to answer the questions it would perhaps be desirable to set out the facts in brief.

(3.) On 21-12-1991 the Opposite Party No. 1, namely Shri Bustimall Suklesha who is the Headmaster of Hindi Vidhyalaya, Bongaigaon filed a suit in the Court of Munsiff, Bongaigaon in representative capacity for a declaration that Bongaigaon Hindi Vidhyala is the owner and possessor of the suit land appertaining to Dag Nos. 418 and 419 situate in Bongaigaon Town more particularly described in the schedule attached to the plaint) and also for permanent injunction restraining the defendants namely, the present petitioners from further demolition and dismentaling of structures, houses etc. situate over the suit land.