1984 (3) TMI 430

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....iling a suit without statutory notice. 2. It must be noted that alongwith the plaint, 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 ....

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.... petitioner, therefore, argued that the appeal should be remanded back to the District 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 w....