Perpetual injunction
Shiv
(Querist) 27 August 2014
This query is : Resolved
Perpetual Injunction
In Suit for perpetual injunction filed by plaintiff about a immovable property. Defendant file application under Order 7 Rule 11(d) for rejecting the plaint and application for appointment of Court receiver for immovable property. Learned Judge rejected the Plaint as per Order 7 Rule 11 (d), observing that it is barred by law. Application for Court Receiver was not decided.
Aggrieved by the Judgement Plaintiff filed Civil Appeal in District Court against this order. Now i District Court defendant has again filed Application for Appointment of court receiver. This time in receiver application defendant added list of movable property along with immovable property.
Need Experts views on points mentioned below:
(1) Can application for court receiver be allowed at appeal stage by defendant.
(2) Can defendant add movable properties to the court receiver application as appeal is filed for setting aside orders of lower court for rejection of plaint in suit for perpetual injunction over immovable property.
(3) Whether Exh. 5 be decided first OR application for Court receiver should be decided first.
Please need help urgently.
adv. rajeev ( rajoo )
(Expert) 27 August 2014
In my opinion appointment of receiver cannot be filed in injunction suit and so on in an appeal, because it is an appeal against the order.
Moreover appeal against the order on application lies with the high court not with the Dist., court.
Shiv
(Querist) 27 August 2014
Thank you Mr. Rajeev for your reply.
regarding your comments "" Moreover appeal against the order on application lies with the high court not with the Dist., court. ""
But sir, the appeal is already admitted in District Court. If it were to be filed in High Court then the Office staff should have take objection while registering the number to appeal. If you could please provide me more information on it I may be able to act accordingly.
regarding your point about court receiver, can you please give any citation or section or some thing that I can rely on to file my reply.
Thank you again
Biswanath Roy
(Expert) 29 August 2014
Analytical views of suit for perpetual injunction and situation arises for appointment of a receiver is a long story. OPINION DEPENDS UPON OBSERVATION OF THE ENTIRETY OF THE CASE.
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
An appeal can be preferred before the district court, only a revision on the order will have to be moved before the high court.
Shiv
(Querist) 04 September 2014
Thank you all experts.
But my basic question is what should be the scope of appeal which has arose out of rejection of plaint in civil suit.
Another question is can the defendant file Application for court receiver over the property which is in possession of Applicant Plaintiff.
If the appointment of court receiver is allowed then the whole purpose of filing a suit for Perpetual Injunction will hamper as main purpose is to not to disposes the Applicant from property.
