Chief General Manager State Bank of India and Others vs Brij Mohan Shukla

Shiv Kumar Sharma, J.—The defendant-petitioners seek 10 quash the orders dated April 27, 1998 and June 2. 1999 respectively passed by the learned Civil Judge (Junior Division) Alwar and Additional district Judge No. 1 Alwar, allowing the application under Order 39 Rules 1 and 2 CPC and issued temporary'' injunction in the mandatory form directing the defendant petitioners to sanction the loan in the sum of Rs:2.40.000/ - to the plaintiff respondent.

I have reflected over the rival submissions and carefully scanned the material on record.

Admittedly, the plaintiff respondent has: sought some relief in the plaint, which has been asked for by him in the application under Order 39 Rules I and 2 CPC By allowing the interim application under Order 39 Rules 1 and 2 CPC the learned trial court has virtually decreed the main suit and the learned appellate court has also not considered (his aspect. In my considered opinion it was incumbent upon the courts below to properly examine the pleadings before adjudicating upon the interim applications. No interim relief which ultimately decides the main controversy of the suit can be granted while adjudicating upon the application under order 39 Rules I and 2 CPC. The plaintiff respondent in the main suit has sought direction against the defendant petitioners to sanction him loan in the sum of Rs. 2,40,000/- and the same relief has been granted by the learned trial court in the order dated April 27,1998. The learned appellate court has also confirmed the said order with certain modifications. Both the courts below in my considered opinion have committed error of jurisdiction in passing the impugned orders and if the said orders are allowed to stand failure of justice would be occasioned.

Resultantly, the revision succeeds and is hereby allowed. The impugned orders of the learned courts below stand set-aside. In the facts and circumstances of the case the trial court is directed to adjudicated upon the civil suit pending before if within three months from the date of receipt of this order, The parties shall bear their own costs.