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1986 Supreme(MP) 108

G.G.SOHANI, S.S.SHARMA, J.S.VERMA
RAMCHANDRA – Appellant
Versus
DATTATRAYA – Respondent


Advocates Appeared:
D.D.Vyas, M.L.Agrawal, N.K.SANGHI, S.D.SANGHI

SOHAN1, J.

( 1 ) THIS Full Bench has been constituted on a reference made by a learned single Judge of this Court, who was of the opinion that two decisions of this Court in Civil Revn. No. 6 of 1985 (Pirbux v. Babulal) (reported in 1986 Cur Civ LJ 36) and in Civil Revn. No. 942 of 1984 (Gayaprasad v. Deepchand) (reported in 1985 Cur Civ LJ 91) required reconsideration by a larger Bench.

( 2 ) THE material facts giving rise to this reference, briefly, are as follows: In a suit instituted by the applicants against the opponents in the Court of the Civil Judge, II Class, Neemuch, an application for the grant of temporary injunction, submitted by the applicants was rejected. Aggrieved by that order, the applicants preferred an appeal in the Court of add1. Judge, Neemuch to the Court of District Judge, Mandsaur, but that appeal was also dismissed. Hence, the applicants preferred a revision petition under S. 115, C. P. C. before this court on 5-11-1984. Prior to that date S. 115, C. P. C. was amended by the Code of Civil Procedure (Madhya Pradesh Amendment) Act 29 of 1984 (hereinafter referred to as 'the amending Act'), which came into force on 14-8-1984. The effect of the amendment mad










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