HARI SINGH Vs. SUSHILA DEVI

JUDGEMENT

(1.) THIS revision was preferred by the petitioner u/S. 115 of the Code of Civil Procedure against the order dated 17.7.1993 in Misc. Case No. 15/89 pased by IVth Additional District Judge, Gwalior. 1993 MPLJ 98 and K.M. Shah alias Kantubhai Shah v. Smt. Kamla and Anr. reported in 1992 (2) MPJR SN 10 on the same subject. The learned Single Judge felt that the decision in the case of Malkhandas (supra) needs reconsideration and accordingly ordered that the records be placed before Hon'ble the Chief Justice for constituting a Division Bench to resolve the controversy. Hon'ble the Chief Justice vide order dated 24th March, 1994 directed that the records be placed before a Division Bench for hearing at Gwalior. That is how this case has come up for hearing befon, us.

(2.) WE have heard Shri V.K. Bhardwaj, learned counsel for the petitioner, Shri J.P. Sharma, learned counsel for non -petitioner No. 1 and Shri R.K. Vashishtha, learned counsel for non -petitioner No.2.

(3.) THE learned counsel for the petitioner submitted that u/S. 307 (5) the District Court cannot exercise its jurisdiction to issue an injunction, unless such an application is filed in a regularly instituted suit, and this is the view of this Court in case of Malkhan Das (supra).