1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.7622/2008 (Hans Raj Vs. Kishanlal & Ors.) Date of order : 26.9.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Rakesh Matoria, for the petitioner. Heard learned counsel for the petitioner. It is submitted by learned counsel for the petitioner that in the suit filed by him, the application for temporary injunction filed under Order 29 Rule 1 and 2 read with Section 151 C.P.C. was rejected on the ground that the power of attorney was not filed. Further, the said order was upheld by appellate Court. Now the petitioner while inviting attention of this Court towards Annexure-3 prayed that due to non-availability of power of attorney, he was not in 2 position to produce the said document before the Court below, therefore, his application was rejected. If it is so, then no interference is warranted in both the orders passed by Courts below because admittedly power of attorney was not on record at the time of deciding the application and the appeal filed by the petitioner. In this view of the matter, this writ petition is dismissed. However, the petitioner is at liberty to file fresh application for temporary injunction on the basis of the power of attorney which has been filed along with this writ petition. (GOPAL KRISHAN VYAS), J. arun