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1996 Supreme(All) 929

B.K.SINGH
U P Pasi Jagriti Mandal Lucknow – Appellant
Versus
Devi Dayal Chauhan – Respondent


Advocates appeared:
A. Sahai, B.K.Saxena, R.S.Chauhan,

Judgment :

B. K. Singh, J.

1. The petitioner though this writ petition, challenged the judgment and order dated 27-5-1991 by which an ex parte order of injunction was granted and the judgment and order dated 2-7-1993 by which the Civil Judge (South) (Junior Div.), Lucknow, has, after hearing the parties, maintained the ad interim injunction and against the judgment and order dated 9-7-1996, passed by the X-Additional District Judge, Lucknow, Who after hearing the parties, has dismissed the petitioners' appeal and maintained the ad interim injunction order, granted by the Civil Judge (South) (Junior Div.) Lucknow.

2. I have heard learned counsel of the petitioners as well as the learned counsel of the opposite parties 1 and 2, who has put in appearance at the admission stage.

The learned counsel of the petitioner submitted that the Civil Judge (South) (Junior Div.), Lucknow, has committed material illegality in passing the ad interim injunction order and in maintaining the same by the impugned order dated 2-7-1993 because the provisions of Rule 3 of Order XXXIX CPC have not been followed. The second point of the learned counsel of the petitioner is that the opposite parties 1 and 2,















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