C LAL AND SONS Vs. WASUDHIR FOUNDATION

JUDGEMENT

(1.) The petitioner has challenged an order dated 12th December, 1984 passed by Learned Sub-Judge, Delhi rejecting an application U/O. 14 R. 2 praying for decision on the issue "Whether the plaintiff has any cause of action?"

(2.) 1. The petitioner-defendant used to store their LPG gas cylinders as its distributer for Indian Oil Corporation at the premises of respondent No. 1. The Indian Oil Corporation recommended to the D.D.A. to allot land to petitioner for the purpose of Gas cylinder godown. Respondent filed a suit seeking reliefs referred to hereinafter. But in the meanwhile on the recommendations of the Indian Oil Corporation, a plot of land had been allotted and the petitioners have constructed thereafter a godown taking possession of land allotted by Delhi Development Authority and started storing LPG gas cylinders in the said godown. 2.2. The plaintiff/respondents landlord of the petitioners sought following reliefs in the aforesaid civil suit: (i) Mandatory injunction order against Indian Oil Corporation to withdraw the recommendations made by it to Delhi Development Authority for allotment of land to the petitioner. (ii) A prohibitory injunction restraining Delhi Development Authority from making any allotment of land to the petitioner for purpose of constructing a godown for gas cylinders.

(3.) The petitioners raised two preliminary objection; (i) whether the plaint did not disclose any cause of action; (ii) whether the plaintiff has no connection with an independent contract between the petitioner and Indian Oil Corporation and D.D.A. and, therefore, the suit was not maintainable. The petitioner also prayed for disposal of the issue as a preliminary issue.