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1925 Supreme(Oudh) 170
HIGH COURT OF OUDH
Ahmad Mujtaba Khan - Appellant
Versus
Pirthipal Singh - Respondent
Decided On : 17-04-1925
JUDGMENT
1. This is an appeal under Order 43, Rule 1, Clause (2) against an order of the Subordinate Judge of Gonda, dated 3rd February, 1925, rejecting the applicant-appellant's request for a temporary injunction. The request was based on the allegation that the applicant had filed a declaratory suit in respect of the property for the sale of which a date had been fixed. It was stated that if the sale took place the plaintiff would be put to a great loss. We notice that the application asking for injunction does not show that the requirements of Order 39, Rule 1 were fulfilled, namely, that there was a risk of the property being damaged or that there was a risk of any creditors being defrauded. We, therefore, hold that the Subordinate Judge was justified in summarily rejecting the application for injunction but we think that he might have stated some reason for rejecting the application, for instance that the application failed to show sufficient cause for stay. Holding that the applicant-appellant had failed to show sufficient cause for stay we see no reason for allowing this appeal.
2. The appeal is, therefore, rejected with costs.
