The grant of an ad interim injunction, whether mandatory or prohibitory, depends on the following three conditions: (i) prima facie case, (ii) balance of convenience, and (iii) irreparable injury.

JUDGMENT :

S.C. Mohapatra, J. - Petitioner in this Civil Revision has assailed the order of the appellate Court issuing mandatory injunction for restoration of electric connection to the shop room occupied by the plaintiff-opposite party Nos. 1 and 2.

2. Opp. party Nos. 1 and 2 are the tenants in respect of one room of a house belonging to opp. party Nos. 3 to 5 It is not disputed for the purpose of this Civil Revision that opp. party Nos. 3 to 5 have gifted the entire house including the shop room to the petitioner and the petitioner is in possession of the same. While the plaintiffs-opp. party Nos. 1 and 2 were continuing as monthly tenants in respect of one room which they were using as shop room petitioner was occupying the rest of the building. There being disputes between the petitioner on one side and oppsite party Nos. 1 and 2 on the other. Opposite party Nos. 1 and 2 filed a suit for declaration of their tenancy right, petitioner filed an application before the House Rent Controller, Cuttack, for eviction of opposite party Nos. 1 and 2 under the provisions of the House Rent Control Act, which are applicable to this case.

3. During pendency of the suit ad interim prohibitory order of injunction was issued by the trial Court against the petitioner not to interfere with the possession of the plaintiffs-opposite party Nos. 1 and 2. The petitioner, it is alleged, in connivance with the officials of the State Electricity Board got the electric meter transferred in its name and thereafter filed an application for disconnection of the service connection to the shop room occupied by plaintiffs-opposite party Nos. 1 and 2. T. S. No. 85 of 1985 and Misc. Case No. 58/85 against the Orissa State Electricity Board are pending for re-connection of the electric line as is revealed from the petition dated 30-4-1985. During pendency of the same, an application was filed for directing the petitioner "to write to the authority O.S.E.B., to restore the electric connection within twenty-four hours from the date of order and intimate the Court that as a matter of fact electricity has been restored to the suit premises and further legal action be taken against defendant No. 4 for violating the Court's order of injunction dated 29-8-1984 along with contempt proceeding for wilful flagrant violation of the Court's order in a contemptuous manner." This application was registered as Misc. Case No. 71 of 1985. The trial Court considering the application and objection of the petitioner dismissed the same. In appeal, however, the mandatory injunction has been issued against the petitioner which reads as follows :

"In the result, the Misc. Appeal is allowed on contest and the impugned order is set aside and it is directed that the opposite party No. 4 shall apply to the proper authorities of the Electricity Board for restoration of the electric connection at his own cost within two days hence and the authorities of the Electricity Board shall restore the connection within three days after the application by opposite Party No. 4. The respondent No. 4 shaft pay compensatory cost of Rs. 300/-to the appellant as the action of respondent No. 4 is clearly an act of mischief."

4. Direction to the State Electricity Board in the present litigation is beyond the scope of the dispute since the Board is not a party to the litigation and has not been heard in the matter. On the allegation of the opposite party Nos. 1 and 2 in the petition, the Board has disconnected the supply line through at the instance of the petitioner as alleged. A suit is pending against the Board as disclosed. Whether the Board would be directed to connect the line cannot be decided in this litigation.

5. Whether an ad interim injunction, whether mandatory or prohibitory, would be granted, would depend on the following three conditions.

(i) Prima facie case :

(ii) Balance of convenience; and

(iii) Irreparable injury.

In the absence of any fact on which a suit would be barred, the condition of prima