Sanjay Agrawal, J. - (1.) This is a miscellaneous appeal preferred by the plaintiff/appellant under Order 43, Rule 1(d) of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") against the order dated 03/08/2017 in Civil Suit No. 15-A/2015, by which, the learned trial Court has rejected the plaintiff's application filed under Order 39, Rules 1 & 2 read with Section 151 of the CPC.
(2.) The undisputed facts of the case are that the plaintiff Mohri Bai instituted a suit for declaration of title, confirmation of possession and also for cancellation of the registered deed of gift dated 10/05/2004 executed by her in favour of defendant No. 1. According to the plaintiff, the alleged deed of registered document was obtained by defendant No. 1 by playing fraud upon her, therefore, the same be declared as null and void. She pleaded further that she came to know regarding the alleged fraud on 20/01/2011, therefore, she has been constrained to file the suit in the instant nature on 27/10/2015. Along with the claim, an application for issuance of temporary injunction under Order 39, Rules 1 & 2 read with Section 151 of the CPC has also been made praying for restraining the defendant No. 1 from interfering in her peaceful possession, pending decision of the suit.
(3.) The aforesaid application for issuance of temporary injunction was objected by defendant No. 1 stating inter alia that no fraud as alleged was committed upon the plaintiff. It is contested further on the ground that by virtue of the registered deed of alleged document, the right, title and interest has been conferred upon him way back in the year 2004 when the alleged document was executed. He submits further that no prima facie case lies in favour of the plaintiff, therefore, the application deserves to be rejected.;