SMT. SARALA BALA ROY Vs. SRI ALAKESH CHANDRA BARUA AND ORS.

JUDGEMENT

(1.) THIS is a revision against an order dated 3.1.81 passed by the Assistant District Judge, Goalpara at Dhubri in Miscellaneous Appeal No. 1/81.

(2.) SMT . Sarala Bala Roy instituted a suit being T.S. 512 of 1980. She filed a petition supposed by an affidavit praying for junction restraining Defendant 2, 3 and 4 from receiving compensation from Defendant No. 1 (the State of Assam). The learned Munsiff issued notice to show cause why injunction as prayed or should not be granted and, in the meantime granted adviser (sic) injunction, restraining Defendants 2, 3 and 4 from receiving compensation from Defendant No. 1 and fixed 9.1.81 for show has cause. The Defendants instead of showing cause before the learned Munsiff went up on appeal on the next day and the learned appellate court registered the appeal as Misc. Appeal No. 1 of 1981 and by an ex -parte order stayed the operation of the order dated 2.1.81 passed by the learned Munsiff. It is apparent that the learned Munsiff had issued the temporary injunction. It is true that it was not full, fair and adequate order. The learned Munsiff did not state specifically what necessitated such a stringent action for granting injunction. It also does not show that that, the learned Munsiff considered any relevant factor necessary for granting injunction. However, it is implicit in the order itself that if the compensation amount was received by Defendants 2, 3 and 4, the main claim of the Petitioner -Plaintiff would have been anfractuous and she would have been compelled to amend, alter the plaint to obtain further relief. Under there circumstances, perhaps the learned Munsiff issued the order.

(3.) IN the result, I set aside the impugned order dated 3.1.81 staying operation of the order dated 2.1.81, passed by the Assistant District Judge, Goalpara, Dhubri and direct him to hear and dispose of the appeal within a month from the date of receipt of the records. However the learned Judge, with the consent of the parties, may give necessary direction to the learned Munsiff to dispose the suit expeditiously, instead of entertaining and disposing of the appeal. What I feel is that the suit must be disposed of at an early date and the injunction matter should be expeditiously heard.