2014 Supreme(Raj) 2164
ARUN BHANSALI
Aam Janta Somesar – Appellant
Versus
Vijay Raj M. Parmar – Respondent
Advocates:
For the Petitioner:Rajesh Parihar, Advocate.
For the Respondent:Sajjan Singh, Advocate.
JUDGMENT
1. - This writ petition has been filed by the petitioner questioning the legality of the order dated 15.9.2014 passed by the trial court, whereby the application filed by the petitioner under Order 6, Rule 1 , 14 & 15 CPC read with Section 151 CPC has been rejected.
2. The petitioner filed a suit for declaration and injunction against the respondents. Alongwith the suit, an application under Order 39, Rule 1 & 2 CPC was filed.
3. A reply to the application seeking temporary injunction was filed by the respondents, however, the same did not bear the verification and signatures of the defendants as envisaged by provisions of Order 6, Rule 14 CPC.
4. An application came to be filed by the petitioner inter-alia raising objection regarding maintainability of such a reply specially in view of the fact that no such power was given to the counsel under the Vakalatnama.
5. The trial court, after hearing the parties by the impugned order, came to the conclusion that the provisions of Order 6, Rule 1 CPC does not apply to reply to an application under Order 39, Rule 1 & 2 CPC and rejected the application.
6. Learned counsel for the petitioner vehemently submitted that the reply filed by t
Click Here to Read the rest of this document