CHHANGANI, J.—This is a plaintiffs revision against the order dated 22.8.70 of the Additional District Judge, No. 1, Jodhpur, requiring the plaintiff-petitioner Kusum Kumar to appear in court for cross examination on his affidavit dated 19.6.70.

2. The plaintiff petitioner filed a suit against the defendant on 19.6.70 claiming certain reliefs. The plaintiff also submitted an application supported by his affidavit for on injunction. The trial court granted an ad interim injunction against the defendant. On 1 8-70 the defendant while opposing the plaintiff petitioners prayer for temporary injunction submitted an application that the plaintiff be permitted to be cross examined by the defendant on his affidavit. The trial court allowed the defendants application and ordered the plaintiff to appear for cross examination. Aggrieved by this order, the plaintiff has approached this Court in revision.

3. It has been contended that the trial court ha3 acted in breach of the express provisions of O.39, r.1 C.P.C. in requiring the plaintiff to appear for cross examination and consequently, has acted with material illegality and as such, the order requires to be interfered with in the exercise of

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