SANJIT SINGH SALWAN Vs. SARDAR INDERJIT SINGH SALWAN

JUDGEMENT

(1.) Leave granted.

(2.) The issue that arises for consideration in these proceedings is whether a plea of estoppel in law can be permitted to be raised by a party ignoring its conduct that resulted in the other party altering its position to its detriment in view of such conduct.

(3.) Facts relevant for deciding the Civil Appeal are that the appellants and the respondents claim to be trustees of Guru Tegh Bahadur Charitable Trust (hereinafter referred to as 'the Trust'). On disputes arising between the parties, the respondents claimed that the appellants had been removed as trustees. The respondents approached the Civil Court by filing a suit for perpetual injunction seeking to restrain the appellants from entering the school being conducted by the Trust and also from interfering with the functioning of the school. The appellants filed an application under provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') seeking rejection of the plaint. The Trial Court on 13/4/2022, accepted the contentions of the appellants and rejected the plaint holding that in view of Sec. 92 of the Code, the suit was barred. The respondents being aggrieved by the dismissal of their suit filed an appeal before the District Court. During the pendency of the appeal, the respondents moved an application dtd. 7/7/2022 in which it was stated that the appellants as well as the respondents had appointed a sole arbitrator to resolve their disputes after which the process of arbitration had been undertaken. It was stated that the appeal filed by them be decided on the basis of the award passed by the sole arbitrator.