Point of Law: An order being passed ex-parte thereby granting an injunction in favour of the petitioner thereby directing that the respondent shall not carry out the operation of the petrol pump till further orders of the Court.

JUDGMENT :

Heard Mr. S.K.Singh, the learned counsel appearing on behalf of the petitioner. Also heard Mr. G.N. Sahewalla learned Senior Counsel assisted by Mr. M. Sahewalla, the learned counsel appearing on behalf of the respondents.

2. This is an application under Article 227 of the Constitution of India challenging the judgment and order dated 26/03/2021 passed in Misc. Appeal No.1/2021 whereby the ad-interim ex-parte order dated 04/02/2021 passed in Misc.(J) Case No. 12/2021 arising out of Title Suit No. 19/2021 by the Munsiff No. 1, Sonitpur, Tezpur was interfered with.

3. The brief facts of the instant case is that the petitioner herein was permitted to run a petrol pump in the name and style of M/s Agarwalla Barua and Co. on the basis of an irrecoverable General Power of Attorney dated 18/11/2016 executed by the respondent herein, who was the proprietor of the said petrol pump M/s Agarwalla Barua and Co. The period which was mentioned in the irrecoverable General Power of Attorney was 5 years but as per the date mentioned therein, the period of the validity of the Powers of Attorney was from 31/01/2017 to 31/03/2020. Certain disputes arose between the petitioner and the respondent for which a suit was filed seeking various declarations and for permanent injunction. The said suit was registered and numbered as Title Suit No. 26/2020. Along with the said suit an injunction application was also filed, which was registered and numbered as Misc. (J) Case No. 27/2020, wherein an order of ad-interim temporary injunction was sought directing the opposite party therein (the respondent herein), his men, agents; disturbing the peaceful possession in the management and supervision of the filling station and from making earning therefrom etc till the expiry of the irrecoverable General Power of Attorney dated 18/11/2016 and thereafter till the accounts between the parties are settled and the money in full paid to the petitioner and to the creditor from whom the loan has been obtained. It is an admitted fact that the Trial Court did not grant any injunction in the said injunction petition registered and numbered as Misc. (J) Case No. 27/2020.

4. Subsequent thereto by the Deed of Revocation of the Power of Attorney dated 30/06/2020 the respondent cancelled the Power of Attorney dated 18/11/2016. Be it be mentioned herein that both the irrecoverable Power of Attorney as well as the Deed of Revocation of the Power of Attorney were not registered.

5. During the pendency of the said suit i.e. Title Suit No. 26/2020 the petitioner herein was removed from operating of the said petrol pump on 29/07/2020. The case of the petitioner is that the petitioner was dispossessed whereas the case of the respondent herein is that pursuant to the revocation of the Power of Attorney dated 18/11/2016 the petitioner did not have any authority to remain in control of the affairs of the petrol pump and as such the respondent took over the control of the management and operation of the petrol pump in question.

6. Thereupon the said suit being Title Suit No. 26/2020 as well as the miscellaneous application being Misc. (J) Case No. 27/2020 was withdrawn and another suit being Title Suit No. 19/2021 was filed. Though in the nomenclature of the suit it has to be mentioned therein that it is a suit under Section 6 of the Specific Relief Act, 1963, but from the prayers made therein, it shows that it was not just a suit under Section 6 of the said Act of 1963 as it included various other reliefs pertaining to declaration; settlement of accounts as well as for permanent injunction. It may also be relevant herein to mention that the reliefs sought for in the newly instituted suit being Title Suit No. 19/2021 were similar to the relief sought for in Title Suit No. 26/2020, save and except the relief in Title Suit No. 26/2020 was seeking a decree for declaration that the irrecoverable General Power of Attorney shall remain operative till the accounts are settled between the pa