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hamid ali   29 September 2021

Jurisdiction

can an injunction suit be filed in civil court without any title of the property


Learning

 3 Replies

Dr J C Vashista (Advocate)     30 September 2021

You have no locus standi to the property hence suit for injunction is not maintainable by a third party.

minakshi bindhani   30 September 2021

As per your query!
Order 39 Rule 1 of the Civil procedure code, 1908

Where in any suit it is proved by affidavit or otherwise

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens or intends, to remove or dispose of his property to defraud his creditors,

(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff about any property in dispute in the suit

The court may by order grant a temporary injunction to restrain such action or make such other order to stay and prevent the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff about any property in dispute in the suit as the court thinks fit, until the disposal of the suit or until further order.

Jharkhand state housing board vs. Didar Singh (201

It is well settled by a catena of judgments of this Court that in every case where the defendant disputes the title of the plaintiff it is not necessary that in all those cases plaintiff has to seek the relief of declaration. A suit for a mere injunction does not lie only when the defendant raises a genuine dispute about the title and when he raises a cloud over the title of the plaintiff, then necessarily in those circumstances, the plaintiff cannot maintain a suit for bare injunction.

Hope it clarifies the issues
Regards
Minakshi Bindhani

Dr J C Vashista (Advocate)     01 October 2021

Dear Ms. Minakshi Bindhani,

May you please consider the fact that the plaintiff do not have any title of suit property, in this eventuality how the suit for injunction is maintainable.

Thanks and Regards.

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