J.K. Ranka, J. - (1.) The appellant has approached this court by filing this appeal under Order 43 Rule (1)(r) CPC feeling aggrieved by an ad interim order passed by the trial court in a suit for declaration and injunction.
(2.) The appellant -plaintiff in the suit has sought a declaration to the effect that clause No. 5 -L incorporated in Tender No. F.02(156)/RMSC/ Procurement/Drugs/NIB -07/2015/945 dated 24.6.2015, be declared as illegal and further that defendant -respondent be restrained by a decree of permanent injunction to consider the tender submitted by the plaintiff without the incorporation of such clause No. 5 -L in release order for supply of drugs, if the plaintiff qualifies in the tender on other parameters.
(3.) Along with the suit, the plaintiff also preferred temporary injunction application, and after service the defendant appeared in the suit as well as in the temporary injunction application and sought time to submit reply of the same, upon which the plaintiff -appellant prayed to issue ad interim order, to which the defendant -respondent objected and trial court after hearing both the parties, was not inclined to issue any temporary ad interim order of injunction, which is assailed before this court.;