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ARUN MONGA
Sham Lal – Appellant
Versus
Kamlesh Rani – Respondent
| Table of Content |
|---|
| 1. judicial proceedings context and background (Para 1) |
| 2. arguments for withdrawal of the suit (Para 2) |
| 3. no need for notice to respondent (Para 3 , 4) |
| 4. requirement for declaration in injunction suits (Para 5 , 6) |
| 5. court precedent on maintaining injunction suits (Para 7) |
| 6. injunction granted only when title not contested (Para 8) |
| 7. opportunity for plaintiff to rectify defects (Para 9) |
| 8. outcome of the revision petition (Para 10 , 11) |
JUDGMENT :
Arun Monga, J.
Present revision petition is to set aside impugned order dated 14.10.2022 (Annexure P1) passed by learned Civil Judge (Junior Division), Patiala whereby application dated 06.09.2022 (Annexure P2) under Order 23 Rule 1(3) read with Section 151 of Code of Civil Procedure, 1908 filed by the petitioner-plaintiff to withdraw the suit with liberty to file fresh one on the same cause of action, was dismissed.
2. Learned counsel for the petitioner-plaintiff, inter alia, contends that plaintiff-petitioner filed a suit seeking permanent injunction restraining respondent-defendant from interfering in the peaceful possession of the property in question as well as for mandatory injunction. Notice was issued and respondent-d
A suit for permanent injunction without a declaration of title is not maintainable, particularly where the title is disputed; plaintiffs must include both claims to ensure legal coherence.
Civil Suit - Suit for injunction and declaration - Nature of claims made by both the parties against each others, the issue of possession cannot be decided without conducting an inquiry as to issue o....
Point of Law : General principles as to when a mere suit for permanent injunction will lie and when it is necessary to file a suit for declaration and/or possession with injunction as a consequential....
In a suit for permanent injunction, issues of title cannot be adjudicated without necessary pleadings being present, following the guidance of established Supreme Court principles.
Injunction - Once possession is lawful, suit for injunction simpliciter is maintainable, same cannot be thrown away at threshold in exercise of powers under provisions of Order VII Rule 11(d) of Code....
Withdrawal of a suit at the appellate stage is discretionary and cannot be used to evade adverse findings from the trial court.
A party may not withdraw a suit for injunction to file a fresh suit on the same cause of action if contradictions undermine the basis for the claim.
Court must record satisfaction regarding formal defects or sufficient grounds for allowing withdrawal of a suit as stated under Order XXIII Rule 1 CPC.
A suit for injunction simplicitor will lie if the plaintiff is in lawful or peaceful possession of a property and such possession is interfered or threatened by the defendant.
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