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2003 Supreme(P&H) 1523

V.M.JAIN
Kishan Singh – Appellant
Versus
East India Cotton Manufacturing Co. Ltd. , Faridabad – Respondent


Judgment

1. This petition under Article 227 of the Constitution of India has been filed by the petitioners, challenging the order dated 25-6-2003, passed by the Additional District Judge, dismissing the appeal as not maintainable.

2. The plaintiff-petitioners had filed a suit for permanent injunction against the defendant-respondents. The suit was contested by the defendants. Following issues were framed :

"1. Whether the plaintiff is entitled for decree of permanent injunction as prayed for ? OPP.

2. Whether the suit of the plaintiff is not maintainable in the present form? OPD.

3. Whether this civil Court has no jurisdiction to try and entertain the present suit?

4. Relief."

3. Out of the aforesaid four issues, issue Nos. 2 and 3 were treated as preliminary issues vide order dated 16-5-2003. Both these issues were dealt with together by the trial Court and were decided in favour of the defendants and it was held that the suit was not maintainable in the present form and that the civil Court had no jurisdiction to entertain and decide the present suit. Resultantly, the suit of the plaintiffs was dismissed and it was directed that the decree-sheet be prepared, vide judgment and decr





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