- (1.) Heard the learned counsels for the parties.
(2.) The learned counsel for both the parties agreed that S.B. Civil Misc. Appeal No. 429/98 Gram Panchayat v. M/s. Marudhar Stones Industries and others may be finally disposed of at this stage.
(3.) The short question arising in this appeal for decision is whether a party who has been impleaded as a defendant after the passing of an order under Order 39, Rules 1 and 2 , C.P.C., has a legal right to be heard regarding issue of injunction order under Order 39, C.P.C. In the instant case, it appears that an order was passed by the learned lower Court under Order 39, Rules 1 and 2 on 2-9-1996. On that day, the present appellant, the Gram Panchayat, Barmer was not a party in the suit. The appellant was impleaded as the defendant by order dated 16-10-1997. Thereafter, an application was moved on behalf of the appellant under Order 39, Rule 4, C.P.C. to set aside the earlier injunction order passed by the trial Court. After hearing the parties, the learned trial Court rejected the application filed by the appellant under Order 39, Rule 4, C.P.C. by order dated 18-2-1998. A perusal of the impugned order shows that the main reason for rejecting the application by the present appellant was that the lower Court was of the opinion that the earlier order passed by it had become final and it could not be disturbed.;