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Allahabad High Court · body

1905 DIGILAW 115 (ALL)

Raja Ram v. Dharam Das

1905-05-24

BANERJI, RICHARDS

body1905
JUDGMENT : Banerji, J.:— This is an application praying that the Court do grant a temporary injunction restraining the Subordinate Judge of Allahabad from selling certain property in execution of a decree. Mr. Howard, who appears for the applicant, states that the application has been made under section 492, of the Code of Civil Procedure. That section clearly contemplates the issue of an injunction to a party and not a Court. The application as framed is therefore untenable. 2. If the application be regarded as one for the issue of an injunction to the respondents, it has no merits as there is no property, subject-matter of the suit, which is in danger of being wasted. The proper course to pursue was to apply for a stay of execution under section 545 of the Code of Civil Procedure. This application is not under that section. It is accordingly dismissed with costs, and the ad interim injunction issued in discharged.