High Court of Judicature at Allahabad
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M/S Focus Buildcon Pvt. Ltd. & Another v. Shri Tularam & Others - WRIT - C No. 35394 of 2007  RD-AH 13395 (2 August 2007)
Hon'ble Janardan Sahai, J
An order of temporary injunction was passed on the application of the plaintiff-respondent by the trial court on 31.5.2007. The order is described as an exparte injunction order. The petitioner preferred an appeal against that order. The appeal has been dismissed as not maintainable on the ground that the order of the trial court was an exparte one. The order of the appellate court has been challenged by the petitioner.
Sri B.N. Agarwal counsel for the petitioners submitted that although the trial court has described the order as an exparte one but actually it was an order passed after hearing the defendants-petitioners who had filed their objections and it was wrongly described as an exparte injunction and this aspect has not been considered by the appellate court. He also submitted that even against an exparte order an appeal is maintainable as held by the Full Bench in Zila Parishad Vs. B.R. Sharma [AIR 1970 Alld 376] and the order of the appellate court suffers from error apparent on record.
In the facts and circumstances it is appropriate that the petitioners may make an application for review before the appellate court itself and the appellate court may pass appropriate orders thereon. In case such a review application is filed by the petitioners the appellate court shall decide it expeditiously.
With the aforesaid direction this petition is disposed of.
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