JATINDER SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) Defendants have filed instant revision petition under Art. 227 of the Constitution of India challenging judgment dated 9.1.2008 passed by learned District Judge, Patiala.

(2.) Respondents no. 1 to 3 filed suit in representative capacity under Order 1, Rule 8 of the Code of Civil Procedure (in short, Civil Procedure Code) seeking permanent injunction restraining defendants from installing machinery for manufacturing of combines and from commencing manufacturing of combines in the site known as M/s New Hira Combine alleging that the inhabitants of the residential area would suffer on account of nuisance and pollution that would be created by the manufacturing unit.

(3.) The defendants, interalia, pleaded that the suit has become infructuous as manufacturing process started in Aug., 2006 i.e. before the filing of the suit.