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Vinod Kumar Saini & Anr. vs. Ram Gopal Modi

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Order of granting temporary injunction–Set aside by appellate Court–Justification–Record of case revealing that the defendant-petitioners are carrying business in the portion specified in map for last more than 20 years by paying certain rent– Dispute in regard to subletting or being the employee of plaintiff can be decided only after recording evidence–Trial Court rightly exercised the discretion– Held, impugned order of appellate Court deserves to be set aside.