PANKAJ BHANDARI
Madanlal s/o Late Shri Kanhaiyalal – Appellant
Versus
Homesh Panwar s/o Late Shri Vijayraj Ji Panwar – Respondent
Pankaj Bhandari, J.
The petitioner has preferred this revision petition aggrieved by the order dated 18.07.2016, vide which the application filed by the petitioner/defendant No.1 under Order 7, Rule 11 CPC has been rejected.
2. It is contended by counsel for the petitioner that the plaintiff has filed a simpliciter suit for injunction with relation to a joint property and as there is no relief for partition, the simpliciter suit for injunction is not maintainable.
3. It is further contended by counsel for the petitioner that the court cannot grant injunction under Section 41(h) of the Specific Relief Act, 1963 when equally efficacious relief can be obtained by any other usual mode of proceeding.
4. In support of his contentions, counsel for the petitioner has placed reliance on Kishan Singh v. Sucha Singh, 2008 (2) Civil Court Cases 755 (P & H), Bachan Singh v. Swaran Singh, (2000) 126 PLR 416 and Chedi Lal & Anr. v. Chhotey Lal, AIR 1951 All. 199.
5. Counsel for the plaintiffs/non-petitioners have opposed the revision petition. Their contention is that a simple suit for injunction can be filed and there is no bar in filing such a suit. It is also contended that in all the ruling
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