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1997 Supreme(Mad) 630

A.R.LAKSHMANAN
P. Kader Ovilliah – Appellant
Versus
Maruthavadivu – Respondent


Advocates Appeared:
For the Petitioners:K. Elango Govt. Advocate.
For the Respondents:T.M. Hariharan, Advocate.

Judgment :-

1. Heard Mr. K. Elango, learned Govt. Advocate for the petitioners and Mr. T.M. Hariharan, learned counsel for the first respondent. The CRP has been filed by the first respondent herein against the order passed in an un-numbered I.A. in O.S. No. 528 of 1992 dismissing his application filed under Order 39 Rule 2(4) CPC., i.e., for violation of the order of injunction granted by the District Munsif Court of Thenkasi. The said injunction was granted in I.A. No. 1272/92. According to the first respondent, the petitioners who are employees under the Govt. are aware of the injunction order and therefore, they are to be proceeded against for the disobedience of the order. The said application was however dismissed by the District Munsif. Aggrieved by the said order, the first respondent preferred CMA. No. 13/94 impleading the petitioners 1 to 3 in their personal capacity though they are officers of the Government discharging their official functions. The CMA was allowed and remanded back to the file of the District Munsif Court, Tenkasi for fresh disposal. Aggrieved by the said order of remittal, the petitioners have filed the present revision.

2. Mr. Elango, learned Govt. Adv


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