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1962 Supreme(Pat) 49

S.P.SINGH, MISRA
Mineral Development Ltd – Appellant
Versus
State Of Bihar – Respondent


Judgment

S. C. Misra, J.

1. This appeal arises out of an order passed by the learned Subordinate Judge of Hazaribagh, holding the appellant, the Mineral Development Limited, a Company incorporated under the Indian Companies Act, guilty of violating the order of ad interim injunction passed by the Court and as such liable to punishment under Order 39, Rule 2 (3), of the Code of Civil Procedure. The order passed was attachment of the properties of the appellant of the value of Rs.6,000/-. The appellant is defendant No.4 in Title Suit No.53 of 1954 brought by the respondent, State of Bihar, for a declaration that the appellant had no right to continue the operations of the mines in certain areas which were leased out to it by the proprietor of the Ramgarh Raja after the interest of the lessor vested in the State of Bihar by virtue of a notification issued under Sec.3 of the Bihar Land Reforms Act. The plaintiff prayed for issue of ad interim injunction restraining the appellant from carrying on the work of mining pending the final decision of the suit. It is stated that the villages concerned in respect of which the order of ad interim injunction was effective are Pundri, Bairi Tanr, A













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