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Madhya Pradesh High Court · body

2001 DIGILAW 928 (MP)

Kishan Lal v. Naaheed Maylkat

2001-12-06

S.P.SRIVASTAVA

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JUDGMENT The plaintiff-applicant feels aggrieved by an order passed by the trial Court where under it rejected his application filed under Order 21 Rule 32 read with section 151, CPC. It is not disputed that the suit is still pending and no decree in favour of the plaintiff has been passed so far. It may be noticed that the application filed by the plaintiff-applicant referred to hereinabove contained absolutely vague allegations. The said application was not entertainable as no decree in favour of the plaintiff has come into existence as yet. In fact, from the materials brought on record, it appears that the plaintiff wanted to get an ad interim injunction granted in his favour enforced apprehending its violation. In case there was any disobedience of an injunction, the order passed by the Court below, which is claimed to be affirmed by this Court in a writ petition under Article 226 of the Constitution of India, in that case, it was open to the applicant to approach the appropriate forum initiating the proceedings under Order 39 Rule 2A, CPC and, if necessary, by taking aid of section 151, CPC and, if necessary, by taking aid of section 151, CPC. It should not be lost sight of that proceedings under Article 226 of the Constitution of India are not to be taken as continuation of the proceedings which had culminated in the order which was the subject matter of the proceedings under Article 226 of the Constitution of India. In any view of the matter, there could be no occasion for entertaining the application filed under Order 21 Rule 32 read with section 151, CPC, the stage for which could arise only after passing of the decree. Taking into consideration the facts and circumstances as brought on record including those noticed in the impugned order, I am not inclined to interfere in the impugned order while exercising the revisional jurisdiction under section 115, CPC. This revision is accordingly dismissed subject,· however, to the observations made hereinabove.