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1997 Supreme(Raj) 619

SHIV KUMAR SHARMA
Sh. Abdul Hakim – Appellant
Versus
Habib Khan – Respondent


Advocates Appeared:
Z.A. Naqvi, for Appellants Ushama Khan, for Respondent

Honble SHARMA, J.–This instant revision arises from the order dated December 6, 1996, of the learned Additional Civil Judge No.1, Jaipur City, whereby the application filed under Sec. 151 of the Code of Civil Procedure by the plaintiff-non- petitioner was allowed.

(2). Briefly stated facts giving rise to this revision petition are that the plaintiff-non-petitioner (for short the `plaintiff) instituted a suit for permanent injunction before the trial Court against the defendants-petitioners (for short the `defendants) stating therein that the plaintiff was a tenant in the shop in question. The defendants wanted to make repair in the said shop and threatened the plaintiff to dispossess forcibly. Therefore, the defendants entered into caveat and appeared before thelearned trial Court on Nov. 10, 1994. The plaintiff and the defendants moved an application on Nov.10, 1994 under Section 151 CPC before the learned trial Court. A perusal of the said joint application reveals that following undertaking was filed by the parties :

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