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2006 Supreme(Ker) 165

R.BASANT
Celin – Appellant
Versus
Thomas Johnson – Respondent


Judgment :-

The petitioners are the plaintiffs in a suit filed by them against respondents 1 and 2. The suit is one for permanent prohibitory injunction. An application for temporary injunction was filed. The said application was allowed and confirmed after hearing the parties. The respondents 3 and 4 later got themselves impleaded on the allegation that the petitioners/plaintiffs had filed the suit without showing them on the array of parties. They contended that they were essential and necessary parties considering the nature of the relief claimed. That petition was considered and the court allowed impleadment. Thereafter, respondents 3 and 4 filed an application under Order 39 Rule 4 read with A sec. 151 of the C.P.C. to modify/vary/set aside the order passed earlier- at a time when they had not come on record, against respondents 1 and 2. The court below considered the said petition and by the impugned order produced as Ext.P9 invoking the powers under Order 39 Rule 4 of the CPC allowed the said application and vacated the earlier order passed.

2. The petitioners have rushed to this Court with this writ petition. The learned counsel for the petitioners was requested to explain h








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