M.C. Jain, Actg. C.J.—Honble the Chief Justice vide his order dated 10.4.89 has referred the following question to be decided by a larger Bench :

"Whether the provisions of Order 19, C.P.C. apply for deciding an application for grant of temporary injunction under Order 39, C.P.C?"

2. The learned Chief Justice noticed conflict between a Single Bench decision of this Court in Kusum Kumar Choudhary vs. Supra Films (1) and the Single Bench decision of the Andhra Pradesh High Court in Ali Bin Aifan (2) in which reference was made to some other decisions and the learned Chief Justice also made reference to a Division Bench decision in Kanhaiyalal vs. Meghraj (3). In the Andhra Pradesh decision it was held that the Order 19, C.P.C. is applicable for deciding the application under Order 39, C.P.C. and in the Nagpur Division Bench decision the expression "any application" in Order 19, Rule 2, C.P.C, was held to mean "any application" under the Code since the Code itself does not define the word "application" nor does it make any distinction between one application and another. In view of these decisions Honble the Chief Justice was of the view that it would be proper to reconsider the correct

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