Angesh Kumar Singh vs Naeem Khan

Pankaj Purohit, J

This writ petition under Article 227 of the Constitution of India is filed challenging the order dated 26.03.2021, Annexure No.1, to the writ petition passed by the learned Civil Judge, Haridwar, in Original Suit No.29 of 2021, “Naeem Khan Vs. Angesh Kumar”, whereby the application moved by the respondent/plaintiff under Order 39 Rule 1 and 2 to the CPC, was allowed and temporary injunction was granted in favor of the respondent/plaintiff, as well as the order dated 22.02.2023, Annexure No.2, to the writ petition, passed by the learned appellate court in Miscellaneous Civil Appeal No.25 of 2021, “Angesh Kumar Vs. Naeem Khan”, affirming the order passed by the learned trial court of granting the temporary injunction.

It is contended by the learned counsel for the petitioner/defendant that the trial court while granting the temporary injunction in favour of the respondent/plaintiff categorically pleased to give finding that no prima facie case was made in favour of the respondent/plaintiff, but since there was a status quo order passed in favour of the respondent/plaintiff in a writ petition filed under Article 227 of the Constitution of India, in respect to the same suit, when the respondent/plaintiff challenged the order of the issue notice passed by the learned trial court, the status quo order was passed by the this court, the order of the temporary injunction was passed by the learned trial court. It is feeling aggrieved by these two orders, the petitioner /defendant is before this Court in the present writ petition.

Today, the learned counsel for the petitioner/defendant supplied an order dated 02.01.2024, which is taken on record, whereby, the learned trial court has returned the Original Suit no.29 of 2021, “Naeem Khan Vs. Angesh Kumar Singh”, on the ground of lack of pecuniary jurisdiction, and the date has been fixed before the learned Civil Judge, Senior Division, Haridwar on 02.02.2024, where the suit would lie i.e. the court of Civil Judge, Junior Division.

It is submitted by the learned counsel for the petitioner/defendant that since the order of temporary injunction has been passed by the courts having no pecuniary jurisdiction, therefore, the order passed by the court lacking jurisdiction is nonest under the law.

Having considered the submissions made by the learned counsel for the parties, and on perusal of the order dated 02.01.2024, as well as the judgment and order impugned in the writ petition, this Court is of the view that when the court lacks the jurisdiction, any order passed by such a court would be of nullity. Accordingly, both the orders impugned in the writ petition, are hereby quashed.

However, the court of competent jurisdiction where the suit has been returned to be filed, may consider the application of the respondent/plaintiff, afresh in accordance with law, if the suit is filed by the respondent/plaintiff after its return.

The writ petition is accordingly disposed of.