Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Order of allowing the application–Sustainability–While issuing the order, Trial Court has concluded that the plaintiff has lent the amount of Rs. 1,19,17,254/- to the defendant–These findings are totally contrary to its own observation that no finding qua the agreement or the diary in question can be recorded at this stage–Further, the approach of Trial Court virtually amounts to a specific finding in favour of the plaintiff regarding the loan being forwarded by him to the defendant, which cannnot be confirmed–Even, the exeuction of agreement has not been denied, by the defendant, the contents thereof cannot be said to be prima faice to be proved on record–Impugned order set aside–Parties are directed to maintain status quo till the final disposal of the suit.
