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PROVINCIAL GOVERNMENT THROUGH CHIEF SECRETARY, NORTHERN AREAS versus AKBER FLOUR MILLS THROUGH MANAGING DIRECTOR


Section 42 Civil Procedure Code (V of 1908), OLX XX, RR 1 and 2 suits provisional injunction restraint, resulting in restoration of wheat quota filed with the declaration in the grant of the claimant The case has been registered ie 250 bags belong to the claimant. Trial Court hearing the hearing of the petition for interim injunction under A XXXXX, RR 1 and 2 CPC for the release of 250kg of wheat daily for 250kg during the hearing and the request as requested. Heard of. The temporary injunction was given to the plaintiff, which was upheld by the appellate court through an invalid order passed by a valid trial court and confirmed by the appellate court, which was not heard, was subject to the Audi ultimatum rule. This was also a violation of O XXXXX, R 3. (B) the CPC trial court had already created the situation through an inadmissible order while the plaintiff's own affairs had created the fact that the plaintiff had complied with the order from which the order was received. Was. At the time of the wheat seed quota and the suit organization, the plaintiff was getting a fixed quota of wheat appellate court, he also ignored the weaknesses of the law imposed by the trial court, allowing both conflicting orders to be rejected. , Revision orders were set aside, but the existing stagnation at the institution of the suit was postponed in favor of the suit.

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