Dharampal and Others vs Rachhpal and Others

J.V. Gupta, ACJ

This revision petition is directed against the order of the trial Court dated October 17, 1988, whereby permission to file the suit u/s 92 of the CPC (hereinafter called the Code), was granted by the trial Court.

The Plaintiff Respondent filed the suit on March 10, 1983, when the said permission was granted vide impugned order dated October 17, 1988, and that too without giving any reasons.

The learned Counsel for the Petitioner submitted that no such permission could be granted as earlier, there had been litigation between the parties and the matter was decided. According to the learned Counsel, it is an abuse of the process of the Court, and, therefore, no permission should have been granted by the trial Court. In support of the contention, the learned Counsel referred to Ram Parkash Vs. Dayal Chand and Others, . He also filed the copies of the judgments dated March 17, 1972 and February 7, 1973, and the copy of the decree in regular second appeal No. 496 of 1973 of this Court dated October 28, 1982.

After hearing the learned Counsel for the Petitioners, I am of the considered opinion that the trial Court has acted illegally and with material irregularity in the exercise of its jurisdiction. No reasons whatsoever have been given for granting permission to file the suit u/s 92 of the code. Consequently, this revision petitions succeed and is allowed. The impugned order is set aside. However, it will be open to the trial Court to decide the matter afresh taking into consideration the earlier judgments etc. the copies of which were produced in this Court. The parties have been directed to appear in the trial Court on May 30, 1990.