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Civil Procedure Code (V of 1908)-----O. XXXIX, r. 1-Temporary injunction-All Courts below recording concurrent finding that notice complained of was duly served by Canal authorities on plaintiff and that he had failed to make out a prima facie case in his favour for grant by Court of temporary injunction staying order of Canal authorities-Special Leave to _ Appeal refused. ORDER ANWARUL HAQ, J.-The petitioners are aggrieved by the refusal of the Courts below to grant them a temporary injunction staying implementation of the order of the Canal authorities which they had impugned by instituting a civil suit. By that order the Divisional Canal officer had transferred ten acres of land, belonging to respondent No. 1 from another outlet to the outlet and watercourse which was already irrigating the lands of the petitioners. That order was confirmed by the Superintending Canal Officer on 3-10-1972. The main ground on which the validity of this order was challenged by the petitioners was that the requisite legal notices had not been served on all the shareholders in the watercourse concerned. However, the learned trial Judge, in his order dated the 11th of December 1972, held that "a reference to notices brought on the file shows that the applicants or their representatives were served". He further took note of the fact that the transfer was only of an additional area of 10 acres to an outlet irrigating over 500 acres, and, therefore, it fell within the 10%. margin contemplated by Paragraph 13.28 of Chapter 13 of the Revenue Manual relating to the P. W. D. Punjab Irrigation Branch. For these reasons, he took the view that the plaintiffs had faded to make out a…

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