- (1.) We are informed by Mr. Roy, learned advocate appearing for the plaintiff/appellant that deficit court fees of Rs.10/- has already been deposited by the appellant on 29th July, 2015 vide A-12302. This appeal will be heard. Records need not be called for.
(2.) Since the defendants/respondent nos. 1 and 2 are represented by their learned advocate, service of notice of appeal need not be effected upon them. Since no injunction is sought for against the respondent nos. 3 and 4 herein, appearance of the respondent nos. 3 and 4 is not necessary for disposal of this appeal. Accordingly, on the prayer of the learned advocate appearing for the appellant, requirement of service of notice of appeal upon the respondent nos. 3 and 4 is dispensed with.
(3.) The appeal thus be treated as ready as regards service upon the respondents herein. Immediately after admission of this appeal, we are requested by the learned counsel appearing for the parties to dispose of the appeal itself on its merit. We are informed that all necessary papers which are required for disposal of this appeal on merit are annexed to the injunction application. As such, we have proceeded to consider the merit of this appeal by dispensing with requirement of filing paper book in this appeal. Let us now consider as to how far the learned Trial Judge was justified in dismissing the plaintiff's application for injunction in the facts of the instant case.;