Shri Westarly Dkhar & Ors. Vs. Shri Sehekaya Lyngdoh
The Code of Civil Procedure, 1908 - Order XXXIX Rule (1) , Rule (2) , Rule (3) , Order XLIII
United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 - Rule 28, 29 and 47 - Constitution of India, Six Schedule Para 4 - Ad Interim Injunction - Appeal Maintainability - Order of ad interim injunction set aside by the Appellate Court - In revision petition High Court setting aside the appellant by stating that since an appeal had been filed within 30 days of the ad-interim ex-parte order, it would not be maintainable under the Code of Civil Procedure - Held that High Court failed to refer to Rule 28 of the 1953 Rules and has applied the letter of Order 39 Rule 3A read with Order 43 of the Code of Civil Procedure - On the facts of this case, the appeal becomes maintainable because Rule 28 of the 1953 Rules provides for such appeal without any requirement that ordinarily it should be filed only after 30 days -Judgment of the High Court liable to be set aside and the judgment of the District Council Court i.e. appellate Court restored.
Topic(s)-Ad Interim Injunction - Appeal maintainable
Important Decision(s)- O 39 R 3A r/w O 43 of CPC - Appeal becomes maintainable because Rule 28 of the 1953 Rules provides for such appeal without any requirement that ordinarily it should be filed only after 30 days