Pala Singh vs Bhupinder Singh and Others

G.C. Mital, J.—This is an application for vacation of the ex-parte interim order. The main revision is also arising out of the interlocutory order passed in the suit.

The counsel for the parties are agreed that the main revision be also disposed of alongwith the application. Accordingly, 1 proceed to decide the revision as well.

Bhupinder Singh filed earlier two suits and in those suits, he filed application for grant of ad-interim injunction to restrain Pala Singh from interfering in his possession. After the interim prayer was not granted, he got the suits dismissed as withdrawn. Then he filed the third suit, out of which this revision arises, in which again he applied for grant of ad interim injunction to restrain Pala Singh from interfering in his possession.

The trial Court dismissed the application on the ground that in the third suit the facts regarding the filling of earlier suits and declining of ad interim injunction were withheld. However, the lower appellate Court has granted the ad-interim injunction.

This is Pala Singh''s revision against the aforesaid order.

The lower appellate Court failed to consider the gravaman of the Plaintiff in withholding from the plaint the filing of the two earlier suits by him and the refusal by the Court in granting ad interim injunction. Instead, the lower appellate Court proceeded to consider that even Pala Singh had no right to the property nor was he in possession That fact would not suffice to give jurisdiction to the Court to entertain an application for grant of ad-interim injunction in a third suit when Bhupinder Singh withdraw his earlier two suits without permission to file a fresh one on the same cause of action after ad-interim injunction was declined. In such a situation, the Court wilt come to the aid of Bhupinder Singh for granting any ad-interim injunction whether Pala Singh has any right or not.

Under the circumstances, the lower appellate Court was not well advised and in fact acted beyond jurisdic ion in over-looking the main point in giving relief to Bupinder Singh, merely on the ground that Pala Singh was not shown in possession.