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TMI Blog1984 (3) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... laint, the petitioner-plaintiff had given an application Ex. 2 to the trial Court and obtained permission for instituting the suit without notice. That had become necessary because there was urgent and immediate need to obtain interim relief against the order of transfer. Thus, the suit was competently instituted under Section 80(2). However, the learned District Judge came to the conclusion that when the trial Court refused interim relief, it meant that there was no urgency and no need for immediate relief and, therefore, a suit was held not maintainable. This reasoning by the learned District Judge is clearly erroneous. The only consideration at the time of granting leave without serving statutory notice under Section 80(1) is whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rict Court for disposal according to law. Even though the appeal is dismissed on that ground, and not on merits, I do not consider it proper to prolong this interim litigation further, in fact of this case, I, therefore, heard the Learned Counsel s on merits of the injunction application Ex. 8. In the injunction application Ex. 8, in para 2, the plaintiff has stated that he has been transferred to Junagadh from Bhesan only two months prior to the impugned transfer. In para 3, the petitioner has made allegations of mala fide (to which I will refer to later) and in para 4, he has referred to his personal hardship due to transfer in the mid term. No other point was raised as regards the transfer within two months and transfer in the mid term, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his present post at Junagadh by virtue of interim order since about two years. The reply filed by the defendant shows that the plaintiff has worked at the same station for more than a decade. Bhesan is also near Junagadh. Having regard to the fact and circumstances of the case, the learned Trial Judge was justified in refusing interim relief. The learned appellate Judge has dismissed the appeal of the plaintiff on erroneous ground. However, if there is no failure of justice, there is no reason to interfere in view of proviso (b) of Section 115(1) of the C.P.C. 7. In the result, the order passed by the learned District Judge in appeal directing the trial Court to deal with the suit as per the proviso to Sub-section 2 of Section 80 is q ..... X X X X Extracts X X X X X X X X Extracts X X X X
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