P.K. Tare, C.J .- 1. A learned Single Judge of this Court, differing from the view taken by one of us, namely, S.M.N. Raina, J. in State of M.P. V. Caltex (India) Ltd. & 2 others, 1969 JLJ SN 101, has referred the following two questions for the opinion of a larger Bench :-

(1) Where the period of notice under section 80 of the Code of Civil Procedure has not expired, can an intending plaintiff file a substantive application under section 151 C.P.C., simpliciter, praying for grant of a temporary injunction to maintain status quo until be is able to institute the suit?

(2) Can the Court, acting on such an application, grant the temporary injunction prayed for having resort to section 151 of the Code.

2. The reference made by the learned Single Judge arises on the following facts. A plot of land situated within the Municipal limits of Lashkar Gwalior, was allotted to the applicant by the Collector, Gwalior. The petitioner intends to construct a house on the plot after obtaining the sanction of the Commissioner, Municipal Corporation, Gwalior. The grievance of the first respondent, Chironjilal was that the said plot included within its area a part of the Public road so that the al