ANIL KUMAR DHURANDHAR Vs. SATISH JAIN

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 11.12.2015 passed by the 9th Additional Sessions Judge, Raipur, in Civil Misc. Appeal No.39- A/2014 whereby the court below has affirmed the injunction granted by the trial court under Order 39 Rules 1 & 2 Civil Procedure Code preferred by the respondent No.1/plaintiff.

(2.) Learned counsel appearing for the petitioner submits that suit itself was not maintainable, and therefore, the trial court, at the first instance, granting injunction has committed an error of law. According to the petitioner, the appellate court has also erred in affirming the said injunction granted by the trial judge which is under challenge in this petition. The petitioner relies upon the judgment of Madhya Pradesh High Court in case of Nathu Vs. Dilbande Hussain & Ors (AIR 1967 MP 14).

(3.) Counsel for the respondent No.1/plaintiff submits that the said objection of maintainability of the suit was raised by the petitioner by an filing application under Order 7, Rule 11 Civil Procedure Code before the court below which was rejected on 14.04.2014 against which the present petitioner filed a Civil Revision No.66 of 2014 which has also been dismissed by the co-ordinate Bench of this Court on 21.04.2016 with an observation that the defendant shall have an opportunity to raise this objection in the written submission and so far as the maintainability of the suit is concerned, the same would be decided after recording of the evidence by either parties.