JAGDHAR Vs. CIVIL JUDGE JUNIOR DIVISION BANDA

JUDGEMENT

(1.) Leave is granted to convert the petition into one under Article 227 of the Constitution of India.

(2.) The petitioners allege that the opposite party had filed a Civil Suit No. 308 of 1996 for injunction, in which an order of injunction was sought for by the plaintiff opposite parties, which was contested upto the appellate court unsuccessfully. Thereafter the plaintiff opposite party had filed Original Suit No. 140 of 1999 in which he had obtained an order dated 31st March. 1999 granting injunction against the petitioners. It is this order which has been challenged in this petition together with a prayer for quashing of the plaint in Original Suit No. 140 of 1999.

(3.) Mr. P. K. Gupta, learned counsel for the petitioners contends that the parties and the suit property in Suit No. 140 of 1999 are the same as is involved in Suit No. 308 of 1996. Therefore, plaint of the subsequent suit is liable to be quashed.