Raj Kishore Prasad, J.

1. This appeal involves the interpretation of Section 80, of the Code of Civil Procedure, 1908. The sole question for determination is, whether a future act or an act threatened or apprehended in the future is outside the scope of Section 80 of the Code ?

2. This appeal by the defendant --- State of Bihar -- arises out of a suit, brought by the plaintiff-respondent, for permanent injunction restraining the appellant and the Circle Officer, defendant 2 --respondent 2, from settling the ghat in suit, with anybody, in near future, which has been decreed by both the courts below.

3. In paragraph 6 of the plaint, which was filed on the 7th July, 1954, the plaintiff averred, inter alia :

"That on behalf of the defendants, through the Circle Officer, Ballia, a proclamation by beat of drum was made in June last that the ferry (ghat) with be settled by public auction in near future and that the intending bidders should approach the Circle Office for the same."

4. The plaintiff, therefore, asked, in paragraph 10(a) of his plaint, for a decree for permanent injunction against the defendants restraining them from settling the ghat with anybody. There is, therefor