1. The question involved in this revision petition is as to whether order of injunction can be passed by a Court in an application for seeking restoration of suit dismissed in default.

2. It seems that the civil suit was filed by the present petitioners before the trial court against the respondents which was dismissed in default on 31st of March, 2008 and application seeking restoration of the suit was filed along with an application for grant of interim injunction. The trial court while dealing with the application for grant of interim injunction decided that the court had no power to grant interim injunction as there was no lis pending before it. It is this order which is subject matter of challenge before this Court.

3. Power to grant temporary injunction is enshrined in Order 39 Rules 1 and 2 of CPC. Language used in Order 39 Rules 1 and 2 indicates that an application for grant of interim injunction can be filed only in a suit. It co-relates to the fact that suit must be pending before an application under Order 39 Rules 1 and 2 is filed.

4. In the present case, admittedly there is no suit which is pending, as such, no application under Order 39 Rules 1 and 2 can be filed. Howev

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