8/13/2019 Application Under Order 39 Rules 1 &2
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In the court of the senior sub Judge, Ambala
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Sham Sunder Dass & another
Vs
Union of India
Suit for declaration
Application under order 39 Rules 1 & 2 read with
section 151 CPC for issue of an ad-interim injunction
till the decision of the suit.
Sir,
The Plaintiff submits as under:
That the !laintiff has filed a suit for
declaration that the notice of resum!tion
issued b" the officers of the defendant is
illegal ,#oid, unconstitutional and against
the !rinci!les of $ustice and, therefore,
%ungalo 'o (),The *all, Ambala cantt, as
detailed in the heading of the !laint, has not
been legall" resumed and continues to be the
!ro!ert" of the !laintiffs for the reasons &
grounds set out in the !laint hich the
!laintiff cra#es the indulgence of the learned
court to refer the same at the time of hearing
and to form a !art of this a!!lication+
) That the !laintiffs ha#e got a #er" good
!rima-facts case in as much as no notice of
resum!tion as gi#en to the !laintiffs and at
the same time no o!!ortunit" as gi#en to the
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!endenc" of the suit and ultimatel" the suit
succeeds, there shall not onl" be multi!licit"
of !roceedings and suits but the !laintiffs
shall suffer an irre!arable in$ur" & loss+
/ That the defendant has in e4ercise of its
e4ecuti#e !oers issued a notice to the
!laintiffs under the Public Premises56#iction
of Unauthori7ed 6#iction8Act,9 on the
!resum!tion that the resum!tion is #alid and
the !ro!ert" has become that of the defendant
and the !roceedings are !ending before the
*ilitar" 6state ;fficer, Ambala
