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2024 Supreme(Online)(MAD) 21706
HIGH COURT OF MADRAS
Honourable Mr Justice V. LAKSHMINARAYANAN
KUTTY FLUSH DOORS AND FURNITURE COMPANY PRIVATE LI – Appellant
Versus
V.NAGARAJAN – Respondent
A third party can appeal a decree for permanent injunction, and the absence of their involvement in the original suit does not nullify their right to contest it.
Headnote:
Revision - Civil Procedure - Code of Civil Procedure - Sections 96 - The court discussed the jurisdiction over appeals and the standing of third parties regarding injunction decrees under civil procedure laws, emphasizing the allowance for non-parties to appeal a decree.
Fact of the Case:
The revision petitioner contested a decree for permanent injunction granted in a prior suit, claiming neither party had rights over the property and that the decree was fraudulently obtained. The petitioner asserted the need for his involvement in the new suit filed four years later.
Finding of the Court:
The court noted that a decree for permanent injunction only affects parties involved, allowing third parties to ignore it unless opting to seek its revocation. It highlighted the availability of an appeal for the petitioner, thus dismissing his revision petition.
Issues: Whether the civil revision petitioner, as a third party, had the right to challenge a decree for permanent injunction and the appropriateness of his involved status in the legal proceedings.
Ratio Decidendi: The court established that third parties may challenge decrees through appeals under Section 96 of the Civil Procedure Code, a principle reaffirmed by referring to precedent cases regarding jurisdiction and decree effects.
Final Decision: The civil revision petition is dismissed, but the petitioner is granted time to appeal the decree.
O R D E R
This Civil Revision Petition is filed as against the decree passed in O.S.No.3639 of 2020 dated 30.03.2023.
2. It is the case of “submit decree”. The Civil Revision Petitioner alleges neither the plaintiff nor the defendants have the right over the property. The plaintiff had already presented a suit for declaration of title and for injunction. He would point out an order in C.S.No.816 of 2016 dated 11.01.2017 where under this Court had granted an order of interim injunction in favour of the civil revision petitioner against the 18th defendant not to interfere in his peaceful possession and enjoyment of the property. Pending that suit, the present suit for bare injunction has been filed, four years later before the City Civil Court, without impleading the civil revision petitioner as a defendant. The learned counsel stated that the decree has been fraudulently obtained. Hence, the revision.
3. In support of his contention, he relied upon the judgment in the case of Abdul Rashid Sahib Vs. Ramachandran and another in C.R.P.(NPD).No.1 of 2022 dated 27.05.2022 and pleads that the revision is maintainable to set aside the decree.
4.At the outset, I should state a decree for permanent injunction is one in personam and it will affect only parties to the suit. The petitioner being a third party can always ignore the same and need not labour to set it aside.
Nevertheless, if he wants to set aside the same, he has an alternative remedy.
5. While this Court certainly has a jurisdiction to interfere with a decree, the Code of Civil Procedure under Section 96 does not prevent even non-party to file an appeal. That position has also been settled by the judgment of the Division Bench of this court in the case of K.Ponnalagu Ammani vs. The State of Madras (1952) SCC Online Mad 300. Therefore, granting time for the civil revision petitioner till 31.08.2024 to prefer an appeal against the decree, if he so desires, this civil revision petition is dismissed.
6. Since the civil revision petitioner is a third party to the proceeding, if the appeal is preferred before 31.08.2024, the City Civil Court shall not insist upon an application to condone the delay. No costs. Consequently connected miscellaneous petition is closed.
19.07.2024
Neutral Citation: Yes/No V.LAKSHMINARAYANAN,J.
Msv C.R.P.No. 2641 of 2024 and C.M.P.No.13852 of 2024
19.07.2024
