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2003 Supreme(All) 160

JANARDAN SAHAI
RAJENDRA SINGH – Appellant
Versus
BRIJ MOHAN AGARWAL – Respondent


Advocates Appeared:
P.C.JAIN, Ratnakar Bharti

JANARDAN SAHAI, J.

( 1 ) THE Additional Civil Judge (Senior Division), Agra by his order dated 30-9-2002 impugned in this revision has issued notice on the injunction application filed by the plaintiffs/applicants but has not granted any ex parte temporary injunction. The Suit No. 937 of 1993 from which this revision arises was filed by the plaintiffs/applicants for permanent injunction restraining the defendants from alienating the land in suit and from raising constructions over it.

( 2 ) ). Sri P. C. Jain, learned counsel for the defendants/opposite parties has raised a preliminary objection relating to the maintainability of this revision. It is submitted by him that under the proviso of Section 115 C. P. C. as it now stands after the amendment the High Court has been precluded from exercising its revisional power unless the order challenged if passed in favour of the party filing the revision would have disposed of the suit itself or other proceedings. An order issuing notice on an injunction application does not terminate the suit or proceeding.

( 3 ) ). On the other hand Sri Ratnakar Bharti, learned counsel for the applicant submitted that by not passing an ex parte injunctio





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