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BANARAS KHAN versus GALIYAT DEVELOPMENT AUTHORITY


Temporary approval of the injunction temporarily in section 42 and 54 of the Civil Procedure Code (v. 1908), O. VII, R 11 & O XXXIX, Rr 1, 2, and the processing of the application under O XXXIX The plaintiff's dismissal under RR 1, 2 CPC and O VII, R 11, CPC for approval was quite different, if the trial court held that the provisions of O VII, R 11, CPC were appealed. Was. In the present case, the plaintiff should have been given adequate notice to satisfy such objection rather than dismissing the plaintiff, whereas in the present case the plaintiff temporarily disposed of the claim for injunction, dismissing his claim as a recognized document, ie. The lease agreement and the declaration sought and the injunction against the defendant to abide by the terms of this action and to refrain from taking any action contrary to the terms and conditions of the lease agreement was beyond the agreement that they The matters to be dealt with in the Plaintiff, the following conclusions are reached that the Plaintiff took action The High Court has remanded this case with observations that in the present judgment, none of the respondents / defendants refrained from transferring the request for dismissal of the plaintiff within the parameters of Order VII. Will do 11, CPC and if such application is transferred, the trial court may make the same decision on the merits as the law requires and should not be affected by the observations made in the decision based on the available records.

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