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1973 Supreme(All) 8

HARISWARUP
Sitaram – Appellant
Versus
Ganesh Das – Respondent


Advocates:
M.P. Singh, for Applicant; S.S. Tewari, for Respondent.

ORDER : - This revision is directed against the appellate order arising out of proceedings under O. 39, R. 2-A, Civil P.C. Plaintiff had filed a suit for a permanent injunction and during the pendency of the suit had prayed for a temporary injunction. The trial Court issued a temporary injunction restraining the defendant from raising any further constructions. It was found that the defendant applicant Sitaram in spite of the order of injunction having been served on him had put up a tin shed on the constructions. This was treated as breach of the injunction order and the Court ordered attachment of the property and his detention in Civil prison. Defendant went up in appeal and the appeal was dismissed, but a modification was made in the trial Court's order by substituting 15 days' imprisonment instead of unlimited civil imprisonment directed by the trial Court. Against that order the defendant has filed the present revision.

2. The defendant had taken the plea that the tinshed had been placed not by him but by his brother. The trial Court did not believe this statement but held that even if it was true there was breach of the order of injunction. The lower appellate Court believed





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