LAWS(ALL)-2005-11-124

RAJ PAL SINGH Vs. RICHH PAL SINGH

Decided On November 10, 2005
RAJ PAL SINGH Appellant
V/S
RICHH PAL SINGH Respondents

JUDGEMENT

(1.) Heard learned Counsel for the plaintiff-revisionist.

(2.) The plaintiff-revisionist aggrieved by an order passed by the trial court dated 29th September 2005, whereby the trial court on an application 6 C2 filed by the plaintiff for grant of temporary injunction has passed the order to the effect that in the facts and circumstances of the case, unless the other party is heard, no ex parte temporary injunction can be granted and directed to issue notices to the defendants fixing 6th October, 2005, as the next date for disposal of the application for grant of temporary injunction.

(3.) Learned Counsel for the plaintiff-revisionist submitted that in view of the decision of this Court in Guru Dutt v. Anju Khatri and Anr. 2004 (2) AWC 1141 (LB) : 2004 (1) CLR 698, the trial court ought to have granted temporary injunction to the plaintiff. In support of his contention, learned Counsel for the revisionist has relied upon paragraph 8 of the aforesaid decision, which is reproduced below: