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2013 Supreme(Chh) 320

SANJAY K.AGRAWAL
Karn Veer Ajmani – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Ms. Sharmila Singhai, Advocate
For Respondents/Defendant:Shri B.D. Guru, Advocate

JUDGMENT

Sanjay K. Agrawal, J.

1. This is an appeal by the plaintiff under Section 96 of the Code of Civil Procedure, 1908 (henceforth 'the CPC') calling in question the judgment and decree dated 24-6-2006 passed by 1st Additional District Judge, Raigarh in Civil Suit No. 8-A/2006, by which suit of the plaintiff for permanent injunction and recovery of damages has been dismissed by the trial Court holding that the suit is not maintainable being barred under Section 9 of the C.P.C. Brief facts in nutshell, necessary for adjudication of this appeal, are as under:

(1.1) The appellant/plaintiff, being the employee of the respondents/defendants/State Bank of India filed a suit for permanent injunction and recovery of damages stating inter alia that the defendants/Bank is harassing him for one or the other reasons and on 3-4-2002, an explanation has been called which has been duly replied by the appellant/plaintiff and in spite of repeated requests by the appellant/plaintiff filed the suit for perpetual injunction and mandatory injunction claiming relief as stated in paragraphs 1 to 4 under the title 'reliefs' and also claiming damages of ` 49,284/- and-recovery of ` 51,000/-. On being summ









































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