Approaching the court with clean hands, the binding nature of a decree passed in a suit under Order I, Rule 8 of the CPC, and the significance of the absence of a prayer for permanent injunction in the suit.

JUDGMENT

Kalyan Rai Surana, J. - Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. S. Sarma, learned counsel for the respondent nos.1 to 3, Mr. G. Bordoloi, learned Govt. Appearing for respondent nos.5 and 10 to 14, Mr. M. Nath, learned standing counsel for respondent no.8 and Mr. D. Baruah, learned standing counsel for respondent no.6.

2. By this application filed under Article 227 of the Constriction of India, the petitioner has assailed the order dated 22.02.2021 passed by the learned District Judge, Bongaigaon in Misc.(J) Case No.6/2021 in Misc. Appeal No.1/2021. By the said order, the order dated 01.02.2021 passed by the learned Civil Judge Bongaigaon in Misc.(J) Case No.6/2021 in T.S.3/2021, thereby granting ex parte ad interim injunction, was stayed till further orders.

3. At the outset, the learned counsel for the respondent nos. 1, 2 and 3 has questioned the maintainability of this application filed under Article 227 of the Constitution of India on the ground that the statutory remedy available to assail the first appellate order in the matter of injunction would be by invoking revisional jurisdiction under Section 115 CPC. However, it is seen that Court would have jurisdiction to entertain the challenge under Section 115 CPC, as such, incorrect mentioning of the provision of Article 227 of the Constitution of India would not be a good reason to non- suit the petitioner. Therefore, despite objection by the learned counsel for the respondent nos. 1, 2 and 3, the Court deems it appropriate that the matter be heard as if entertaining a revision under Section 115 CPC. The defect can be rectified by directing the Registry to re-register this application as a revision under Section 115 CPC.

4. For the purpose of this order, it would be sufficient to mention that the petitioner had filed a suit before the learned Trial Court, being T.S. No. 3/2001, seeking the following reliefs, viz. (i) To declare that the SC Certificates obtained by private defendants, if any, has no value in the eye of law, as they obtained the same by virtue of fake SC Certificates obtained by their husband/ father on hereditary basis; (ii) To declare on a consequential and collateral relief that SC Certificates, issued by District Magistrate, Bongaigaon, dated 31-03-1990 and 11-06-1995 as or any other date in favor of Late Chandan Kr. Sarkar is illegal, null and void; (iii) To restrain the private defendants from using any SC Certificate for contesting election from the 35.No. South Abhayapuri (Reserved for Scheduled Caste) Legislative Assembly Constituency in the year 2021 or thereafter; (iv) To direct the District Returning Officer/ District Magistrate, Bongaigaon and the Sub- Divisional Returning Officer/ SDO(C) Abhayapuri not to accept the nomination paper of private defendants to contest Election from 35 South Abhayapuri (Reserved for Scheduled Caste) Legislative Assembly Constituency in 2021 or thereafter; (v) To direct the Superintendent of Police, Bongaigaon to launch Criminal Prosecution against the private defendants, if they use the fake SC Certificates anywhere, in future; (vi) to pass any order considering the facts and circumstances of the case to provide complete and adequate relief to the plaintiff and other genuine SC Community people; (vii) Any other relief to which the plaintiff is entitled for as per equity, law and good conscience; and (viii) For the costs of the suit.

5. Along with the plaint, the petitioner filed a separate application under Order XXXIX, Rules 1 and 2 read with section 151 CPC, which was registered as Misc.(J) Case No.6/2021, wherein the petitioner had prayed for an order of ad interim injunction asking the official respondents not to accept the nomination paper, if filed by the private opposite parties to contest election from 35 No. Abhayapuri South (Reserved for Scheduled Caste) Assembly Constituency (hereinafter referred to as "said Assembly Constituency") in the upcoming assembly election t