The central legal point established in the judgment is the power of the High Court to prevent abuse of process of the court under Article 227 of the Constitution of India and the authority of the civil court to dismiss a suit under Section 151 CPC to prevent abuse of process of the court.

1. - Heard learned counsel for the parties.

2. The present writ petition raises an important question of law and that is whether after amendment of C.P.C. by Code of Civil Procedure (Amendment) Act, 2002, the High Court can pass appropriate order when a case is made out of abuse Satya Narain & Ors. v. District Judge, Churu & Ors. of process of court, obviously in civil court and can dismiss the frivolous litigation by exercising power under Section 151 CPC.

3. Brief facts of the case are that a suit being suit no.17/2004 (106/1989, 23/1994) for eviction of one Bhagwati Prasad was filed by the trustees of one trust who are ten in number alleging that the suit property was gifted to the trust and the defendant is running a school in the suit premises and that act was unauthorised act of the defendant. That suit was contested by the said defendant Bhagwati Prasad and ultimately, after about 10 years in the trial court, the suit for eviction was decreed by the trial court i.e. Court of Additional District Judge (FT) Churu on 11.12.2004.

4. S.B. Civil First Appeal No.133/2005 was preferred by Bhagwati Prasad to challenge the decree dated 11.12.2004 which was dismissed by this Court vide judgment dated 14.7.2005. It will be worthwhile to mention that the appeal was argued at length and thereafter, counsel for the appellant sought time to take instructions from Satya Narain & Ors. v. District Judge, Churu & Ors. the appellant and the matter was adjourned and then it is stated before this Court that the appellant is inclined to withdraw the appeal on condition that the appellant is granted some reasonable time to vacate the suit premises. On this, this Court dismissed the appeal preferred by Bhagwati Prasad and granted time to vacate the premises by 15.5.2007 on usual conditions.

5. Then, present respondent Bajrang Lal Swami, another member of management of the same school, filed civil original suit no.53/2005 for declaration and permanent injunction against the defendants/decree holders in civil original suit no.17/2004 for the same property. The said suit was dismissed by the trial court under Order 7 Rule 11 CPC vide judgment and decree dated 13.1.2006.

6. To challenge the judgment and decree of the trial court dated 13.1.2006, respondent Bajrang Lal preferred regular first appeal before this court being S.B. Civil First Appeal No.68/2006. Said appeal was heard and by detail judgment, was dismissed by this Court on 3.7.2006.

7. Against the judgment of this Court dated Satya Narain & Ors. v. District Judge, Churu & Ors. 3.7.2006, respondent preferred Special Leave to Appeal before the Hon'ble Apex Court which is registered as Special Leave to Appeal (Civil) No.13107/2006. In the above leave to appeal, the prayer for grant of interim relief was refused by the Hon'ble Apex Court vide order dated 18.8.2006 (Annex.4).

8. It is submitted by the petitioners that same person i.e. respondent Bajrang Lal submitted one application under Section 340 Cr.P.C. and also submitted a criminal complaint to prosecute the trustees of the trust who were the plaintiffs in the civil original suit no.17/2004 and who were the defendants in the respondent's civil original suit, which was rejected by the trial court under Order 7 Rule 11 CPC and which order was upheld by this Hon'ble Court and injunction was refused by the Hon'ble Apex Court. Facing this abuse of process in criminal court, the petitioners approached this Court under Sections 397 r/w 401 Cr.P.C. wherein this Court on 12.12.2007 stayed the further proceedings in pursuance of the order dated 5.12.2007 arising out of criminal case no.563/2007.

9. After the stay of criminal proceedings by Satya Narain & Ors. v. District Judge, Churu & Ors. order dated 12.12.2007, same Bajrang Lal submitted an application under Section 151 CPC before the trial court on 2.1.2008. In this application filed under Section 151 CPC, it has been prayed that this application may be allowed and the decree dated 11.