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Judgment
The present revision is filed against an order of injunction on the ground that the same was a nullity in view of one of the defendants being dead at the
time of passing of the injunction order and against an order of police help, passed allegedly without serving a copy of the connected application on the
defendant no. 3/petitioner.
Learned counsel for the petitioner argues that since the injunction order was a nullity, the same could not be implemented, more so, without giving a
proper opportunity to the petitioner to contest the police help application.
Learned counsel for the plaintiff/opposite party no. 1, who is the main contesting opposite party, argues that the police help application was heard in
presence of the present petitioner. Moreover, it is argued that a copy of the police help application was served on the present petitioner.
The other opposite parties are also represented. Learned counsel for the said opposite parties submits that only one of the defendants was deceased at
the time of filing of the suit and, as such, the injunction order could not be said to be a nullity in its entirety.
Upon hearing both sides and perusing the revisional application and its annexures, it is seen that, admittedly the defendant no. 2 in the suit had died
about two years prior to filing of the suit. In view of the present petitioner having already taken out an application for deciding the maintainability of the
suit, also in the name of such deceased person, and in view of the fact that the police help application was moved upon a put-up petition being filed in
hot haste, it would be appropriate if the impugned order granting police help is set aside and the trial court is directed to hear the same afresh.
However, the order of injunction is appellable and since the issues, as raised herein, can very well be taken in an appeal also, this revision is not
entertained insofar as the said injunction order dated June 25, 2018 is concerned.
Accordingly, C.O. No. 3914 of 2018 is disposed of by granting the petitioner leave to challenge the injunction order dated June 25, 2018 in a properly
constituted appeal before the appropriate forum.
However, the other portion of the impugned order dated October 10, 2018, whereby police help was given, is set aside, directing the trial court to re-
hear and dispose of afresh the application for police help, upon a copy thereof being served on the defendant no. 3/petitioner and giving appropriate
opportunity to both sides to argue on the said application. It is made clear that the application for maintainability of the suit on the ground of nullity will
also be taken up along with the police help application and both the applications will be decided together, preferably within three weeks from the date
of communication of this order to the court below.
There will be no order as to costs.
Urgent certified website copy of this order, if applied for, be made available to the petitioner upon compliance of all requisite formalities.