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2013 DIGILAW 247 (RAJ)

Bhagwat singh v. Basanti Manihar

2013-01-29

ARUN BHANSALI

body2013
ORDER : Arun Bhansali, J. Heard learned counsel for the parties. 2. The application under Order 39, Rule 1 and 2 Civil Procedure Code filed by the appellant has been rejected by the learned trial court essentially on account of the fact that the order if any passed by the said Court would affect the Bank - State Bank of Bikaner and Jaipur, which has not been impleaded as a party either to the suit or to the temporary injunction application. 3. It is submitted by learned counsel for the appellant that already an application under Order 6, Rule 17 read with Order 1 Rule 10 Civil Procedure Code is pending consideration before the learned trial court seeking amendment of the plaint and impleadment of the said Bank as party to the suit. 4. The order impugned passed by the learned trial court appears to be just and proper in the facts and circumstances of the case where the affected party of the application i.e. the Bank is not before the Court. Therefore, the order does not call for any interference. 5. However, the appellant would be free to move a fresh application seeking injunction after application under Order 6 Rule 17 read with Order 1 Rule 10 Civil Procedure Code is decided by the learned trial court. With these observations, this misc. appeal is dismissed. Appeal dismissed.