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“Although the Trial Court might be right in obtaining spot inspection report, but that report should have been considered after recording evidence of witnesses and the trial Court should have come to a conclusion as to whether temporary injunction order was breached by any of the parties or not, but nothing of that sort has been done.”
The Court, not doubting the bona fides of the District Judge, maintained the legal position of Section 5 stating that revision order was a defective one without condoning the delay. There may be instances where the interest of justice may demand Court’s interference to avoid frustration of proceedings due to technicalities, however, in the present instance nothing restrained the District Judge from deciding Section 5 application.
“Higher the forum and greater the powers, the greater is the need for restraint” Jammu and Kashmir and Ladakh High Court: While