Injunction

Querist : Anonymous (Querist) 19 September 2011 This query is : Resolved
Suit for declaration of title and confirmation of possession pending in civil judge senior devision in the meantime party in possession applied for license to establish weighing machine before deputy commissioner on the suit land.Plaintiff brought another suit for permanent injunction in the court of civil judge junior devision making party to deputy commissioner and defendant and prayed to restrain them in issuing license.Whether suit for injunction will proceed ? If possible kindly cite an authority on the point since order has to be pronounced on the matter.

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Guest (Expert) 19 September 2011
injunction suit (second) maintainable and the suit will be dismissed with a finding that the he can be evicted only as per law and based upon the final decision of earlier suit.

Devajyoti Barman (Expert) 19 September 2011
The second suit may be stayed u/s 10 of CPC.

prabhakar singh (Expert) 19 September 2011
not Mr. Ganeshan but Mr. Barman has in my opinion stated correctly that second suit may get stayef u/s 10 of C.P.C.

Raj Kumar Makkad (Expert) 19 September 2011
As the plaintiff has got fresh cause of action, so he can opt both remedies. He could have got filed an application under order 1 rule 10 as well as another application under order 6 rule 17 cpc but prior notice under section 80 CPC cannot be made in ongoing suit so he rightly opted filing separate suit to avoid all such techinical matters.

prabhakar singh (Expert) 20 September 2011
A good recap from Mr.Makkad!
Thank you,it seems i should not attend query in tired position in late night,mind does not move quickly every where it needs to go.

Guest (Expert) 20 September 2011
The Court can stay the later suit for issuing the licence and can also sine die adjourn till the disposal of the First case as the later is related to the decision of the First. if the first case is decreed than the later will automatically lapse and if dismissed then later is relevent.

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