Short Note : 1. The applicant has brought a suit against the State of Madhya Pradesh for a declaration that a sum of Rs.84,900 which was sought to be recovered from him as the loss incurred by the State on account of the re-auction of the liquor 'Contract which was taken by the applicant and accepted by the State. The propriety of the proceedings for the recovery of the aforesaid amount was challenged in the aforesaid suit instituted by the applicant. In this suit application was also made that pending the decision of the suit, the State Government be restrained by an order of injunction from recovering this amount from the applicant Though this prayer was allowed by the trial Court but in appeal the Additional District Judge has taken the view that the applicant has neither a prima facie case nor the suit appears to be prima facie within time and that on merits also the applicant is not entitled to the restraint order. The correctness of this view taken by the learned Addl. District Judge is challenged in the present revision application. Held: The suit is being contested by the State on a number of grounds. The jurisdiction of the trial Court is challenged, on the ground of limits of pecuniary jurisdiction. The suit is also resisted on the ground that it is barred by time. On merits also the defence of the State is that the plaintiff has no prima facie case, I have considered these grounds on a prima facie basis and am of the view that in the instant case the applicant could not claim restraint order from the Court of the Civil Judge Class 2. Though the objection raised with regard to the limitation and jurisdiction of the trial Court have yet to be decided on merits by the trial Court, but having considered the facts alleged by the applicant in his plaint, I do not think that the applicant has made out a case that the restraint order should be passed in his favour. Accordingly, in my opinion, the application of the applicant under Order 39, rules 1 and 2 of the Civil Procedure Code was rightly dismissed by the impugned order of the learned Addl. District Judge. Revision dismissed.