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2012 Supreme(Gau) 1358

B.D.AGARWAL
Rupjyoti Kalita – Appellant
Versus
Rajib Hazarika – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B.C. Das
For the Respondents: P.N. Goswami

JUDGMENT :

B.D. Agarwal, J.

The Order dated 13.8.2012 passed by the learned Civil Judge, No. 2, Kamrup, Guwahati in Misc. (J) Case No. 34 of 2012 is under challenge in this appeal, filed under Order 43 Rule 1 of the Code of Civil Procedure, 1908. By the impugned order, the learned trial judge has rejected the prayer for temporary injunction. Being aggrieved with this order, the plaintiff has preferred this appeal. Heard Mr. BC Das, learned Senior Counsel for the petitioner as well as Mr. PN Goswami, learned counsel for the respondents. I have also gone through the impugned Order and the documents annexed with the memo of appeal.

2. The petitioner herein has filed the Title Suit No. 140 of 2012 praying for a decree of declaration that the complaints made by the defendants before various authorities on different dates are defamatory in nature and, as such, damages to the tune of Rs. One crore should be granted to the plaintiff and in addition to that an order of permanent injunction should also be passed restraining the defendants from lodging any such complaints in future, which may defame and damage the reputation of the plaintiff in public. Alongwith the suit an application for tempo


















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