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2006 Supreme(All) 3334

DEVI PRASAD SINGH
Cantonment Board – Appellant
Versus
District Judge (Incharge) – Respondent


Advocates Appeared:
For the Appellant : Akhilesh Kalra.
For the Respondent: Shesh Verma and C.S.C.

JUDGMENT :

Devi Prasad Singh, J.

Controversy relates to interpretation of Section 115 of the Code of Civil Procedure. Whether against an order issuing notice to defendants on an application for temporary injunction filed under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, a revision u/s 115 of the CPC shall be maintainable is the question involved in the present writ petition?

2. Plaintiffs opposite parties No. 2 to 6 had filed a Regular Suit No. 129 of 2006 in the Court of Civil Judge, Senior Division Lucknow for permanent injunction. According to plaintiffs they are migrants from Pakistan and settled in this country during the partition years. The Government of India had rehabilitated them in various parts of the country. According to plaintiff respondents, the Cantonment Board had allotted to plaintiffs family the shops in question. They have got certain gumties on Nehru Road near Sadar Bazar Chauraha, Cantonment Lucknow, alleged to be allotted to them by the defendants. Notices were issued to them by the Cantonment Board to vacate the premises in question. The employees of Board had tried to demolish the premises in question. It has been pleaded in the plaint (Annexur

































































































































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