Court No. - 34
Case :- FIRST APPEAL FROM ORDER No. - 964 of 2018 Appellant :- Vipin Bajaj Respondent :- Ramesh Bajaj And Another Counsel for Appellant :- Abhishek Kumar,Virendra Pratap Pal Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard learned counsel for the appellant and perused the record.
2. This appeal under Order 43 rule 1(r) of Code of Civil Procedure has arisen from order dated 14.12.2017 passed by Sri Balkrishna N. Ranjan, Civil Judge (Senior Division), Kanpur Nagar, rejecting appellant's application no.6-C under Order 39 Rule 1 and 2 C.P.C. declining to grant ad interim injunction in favour of plaintiff-appellant.
3. Besides other, Court below has found that interim injunction application was founded on general power of attorney, which was registered and photocopy thereof was filed whereby, by a registered document, defendant - 1 authorized maintenance and transfer of property for the benefit of defendant - 2 but regarding this fact, there was no pleading in the plaint and when there was no pleading, no evidence could have been admissible in evidence at all. Even otherwise, photocopy is not admissible in evidence, therefore, there was no prima facie case found by Court below.
4. Since this fact is not disputed by learned counsel for the appellant, we find no prima facie error in the order of Court below declining to grant ad interim injunction observing that no prima facie case has been found and none could be shown by plaintiff, hence question of grant of ad interim injunction does not arise.
5. Appeal has no merit and is dismissed at the stage of hearing under Order 41 Rule 11 C.P.C.
Order Date :- 27.2.2018 KA