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1982 Supreme(Gau) 52

S.M.ALI
State of Tripura and others – Appellant
Versus
Sajal Kanti Sengupta – Respondent


Advocates Appeared:
S. Banerjee, A. M. Lodh and H. Lodh

Judgement

The application under S.115 C.P.C and under art 227 of the constitution of India is directed against the order dated 20-01 81 passed by Shri B.B Deb Munsiff sadar at Agartala in Misc case No.390 of1981 arising out of the title suit no.314 of 1981. The circumstances leading to the present petition are as follows :

The plaintiff who is serving at sonamurawest tripura district in the post of sub divisional public relation officer was transferred to Kanchanpur T.D. Block "in the same rank", by an order of the Joint Director, Information, Cultural Affairs and Tourism, Government of Tripura, Agartala dated 30-9-81. Being aggrieved by the said order of transfer the plaintiff opposite party instituted T.S. No.314 of 1981 in the Court of Sadar Munsiff, Agartala for declaration of the order of transfer as void, invalid and illegal and for perpetual injunction. A prayer for temporary injunction was also made by the plaintiff whereupon Misc. Case No.390 of 1981 was started. As regards temporary injunction the learned Munsiff tided over the constraint of the provisions of sub-so (2) of S.80, C.P.C. by having resort to S.151 C.P.C. and made the impugned ex parte order of temporary injun







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