Devinder Gupta, J.—This appeal was admitted on the following question of law : "Whether in the facts and circumstances of the case the learned District Judge was justified in dismissing the appeal summarily without notice to the respondents."

2. At the very out-set learned Counsel for the appellant stated that he may also be permitted to agitate another question of law arising for determination namely : "Whether the plaintiff who was in settled possession of a part of the suit property ought have been granted decree for injunction that his possession be not disturbed otherwise than in due course of law."

3. On 27th April, 1988 a suit was filed by the plaintiff-appellant against the defendants-respondents wherein a decree for permanent prohibitory injunction was claimed against the defendants from interfering in any manner or carving out or laying out or constructing any road inland measuring 37 Kanals 8 Marlas comprised in Khasra No. 934 and land measuring 7 Kanals I Marla comprised in Khasra Nos. 978, 985 and 986 as per Jamabandi for the year 1982-83 situate in village Kuthera Jaswalan in Tehsil Amb of District Una. It was alleged that the plaintiff alongwith his brother ow