Rejection of Plaint-After withdrawal of suit, fresh suit not to be rejected on the ground that no cause of action survives.

DARSHAN SINGH, J.

The present revision petition has been preferred against the order dated 18.07.2016, passed by the learned Additional District Judge, S.A.S. Nagar Mohali, whereby the appeal preferred by respondent no.1 against the order dated 19.07.2014 passed by the learned Civil Judge (Jr. Division), Kharar has been allowed.

2. Respondent no.1 filed the suit for permanent injunction on 03.03.2010 restraining defendant-respondents no.2 and 3 from forcibly dispossessing the plaintiff-respondent no.1 and his family members from House No.9, Ground Floor Surya Enclave Landran road within municipal limits of Kharar. Vide order dated 04.03.2010, the Court of learned Civil Jude (Jr. Division), Kharar granted an ad interim stay in favour of the plaintiff-respondent no.1. The present petitioner was not a party to the said suit. However, the plaintiff-respondent no.1 moved an application on 18.03.2010 under Order 39 Rule 2-A of the Code of Civil Procedure, 1908 (for short CPC). By impleading the petitioner as a party alleging therein for taking action against the petitioner and other defendants and for sending them to civil imprisonment on the pretext that they have violated the injunction order dated 04.03.2010. On 18.04.2014, the petitioner moved an application under Order 7 Rule 11 read with Section 151 CPC for rejection of the proceedings under Order 39 Rule 2-A CPC on the ground that the said petition has been rendered infructuous and was having no cause of action since the main suit filed by respondent no.1 has already been dismissed as withdrawn on 05.03.2013. The said application filed by the petitioner was allowed by the learned trial Court vide order dated 19.07.2014 and the petition filed by respondent no.1 under Order 39 Rule 2-A CPC was dismissed as the main suit has already been dismissed as withdrawn vide order dated 05.03.2013 and the proceedings under Order 39 Rule 2-A CPC could not be continued.

3. Aggrieved with the aforesaid order, respondent no.1 preferred an appeal before the learned Additional District Judge, Mohali. The said appeal was allowed by the learned Additional District Judge vide impugned order dated 19.07.2014. Hence this revision.

4. I have heard Mr. Pushpinder Kaushal, Advocate, learned counsel for the petitioner and have carefully gone through the paper book.

5. Initiating the arguments, learned counsel for the petitioner contended that the learned Additional District Judge has illegally set aside the well reasoned order passed by the learned trial Court. He contended that it is an admitted fact that the main suit was already been dismissed as withdrawn vide order dated 05.03.2013. After that the cause of action to continue with the proceedings under Order 39 Rule 2-A CPC does not survive. Thus, he contended that the continuation of the proceedings thereafter was only an abuse of process of law. Moreover, the petitioner was not a party to the main suit wherein the injunction order was passed. He contended that the application moved by the petitioner under Order 7 Rule 11 read with Section 151 CPC was perfectly maintainable as there was no cause of action available to the respondent no.1 to continue with the petition after the withdrawal of the main suit. The learned trial Court has rightly exercised the inherent powers under Section 151 CPC. Thus, he contended that the impugned order passed by the learned First Appellate Court is illegal.

6. I have duly considered the aforesaid contentions.

7. The facts are not disputed that respondent no.1 has filed the suit on 03.03.2010 against defendant-respondents no. 2. and 3. In the said suit, the injunction order was passed by the learned trial Court on 04.03.2010 whereby the parties were ordered to maintain status quo with regard to the possession of the suit property. Respondent no.1 filed the petition under Order 39 Rule 2-A CPC by impleading the present petitioner as a party on 18.03.2010 alleging therein that respondents-defendants no.2 and 3 in co