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Devi Sahai Mittal & Ors. vs. Sita Ram Agarwal & Ors.

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Grant of temporary injunction–Justification–Suit for declaration, accounts mesne profit in partition firm and cancellation of lease deed–Delay of 20 years in filing suit– No evidence on record to show that the respondent took any interest in the business of firm and he was paid share in the profit–No prima facie case for granting temporary injunction–Held, trial Court committed gross error in allowing
the application.