1. The 5th defendant in a suit, which was stayed under Act I of 1957, is the petitioner in the Civil Revision Petition and the revision arises out of an application by the plaintiffs in the suit for injunction restraining the defendants from constructing any building in the suit property. Before the trial court the 5th defendant gave an undertaking that the building he was constructing would be removed without raising any claim for compensation in case the plaintiffs established their claim to recover possession of the property and the learned Munsiff on the basis of this undertaking dismissed the petition for injunction. The plaintiffs took up the matter in appeal to the lower appellate court, which reversed the decision of the trial court and issued an injunction restraining the 5th defendant from putting up a building in the property pending suit. The 5th defendant questions the correctness of this decision of the lower appellate court.

2. The lower appellate court has relied on a decision of the Calcutta High Court in Israil v. Samset Rahman (AIR. 1914 Cal. 362) in support of its judgment. Since it involves a principle of law and the same is likely to arise frequentl