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1985 Supreme(Raj) 726

P.C.JAIN
Shri Gauri Industries – Appellant
Versus
Prathvi Raj – Respondent


JUDGMENT

1. - This revision petition has been listed for orders, today. Counsel for the parties have argued the case on merits of the revision petition, as such the revision petition itself is being disposed of by this order.

2. The learned Munsif Magistrate Sri Ganganagar vide order dated 20-11-1984 passed an order restraining the defendants to install oil expeller of 20 H.P. in the suit premises. Aggrieved by the order of the learned Munsif Magistrate the defendant filed an appeal before the learned District Judge, Sri Ganganagar, who vide order dated 30th November, 1984 confirmed the order passed by the learned Munsif. It is against this order, revision petition has been preferred.

3. Learned Counsel for the defendants submitted that both the learned lower courts have committed material irregularities in passing the orders under challenge. He submitted that the main grievance of the petitioner was that the expeller was fixed on gardar which was placed on two walls of the non-petitioners. He also submitted that in the same premises previously the plaintiff himself was using 'Ara Machine' of 30 H.P. He has further submitted that this aspect of matter was not considered at all by bot




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