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1984 Supreme(Raj) 65

K.S.SIDHU
State Bank of Bikaner – Appellant
Versus
Firm Ballabh Das and Sons – Respondent


Advocates:
Appearance :
D.K. Soral and P.D. Mathur, for the Appellant
P. Mridul, B.P. Agrawal and A. Gupta, for the Respondents

Judgment

K.S. Sidhu, J.-The revision petition listed above was allowed on March 8, 1984, with the remarks that reasons for the acceptance will be given later Reasons are given as follows:-Reasons.

1. This petition of revision under Section 115 of the CPC by the defendant in a suit pending before the Additional Munsif Jaipur City, is directed against the appellate order of the Additional Civil Judge. Jaipur city, affirming the order of the Additional Munsif , whereby the latter had granted a temporary injunction in favour of the plaintiff in the suit restraining the defendant from selling the goods pledged by the plaintiff with the defendant to a third party and further mandating the defendant in effect to deliver the goods to the plaintiff at the rate of Rs. 6350/-per metric tonne.

2. The suit in which the extraordinary order of temporary injunction as aforementioned, was passed by the trial Court and affirmed by the lower appellate Court, has been filed by M/s. Bal-labhdas and Sons, hereinafter called the firm, against the State Bank of Bikaner and Jaipur, hereinafter called the Bank, for perpetual injunction restraining the Bank from selling the pledged floods to a third party, a










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