LAWS(P&H)-2022-4-177

FMI LIMITED Vs. ANNAPURNA FOOD ASSOCIATION

Decided On April 18, 2022
FMI LIMITED Appellant
V/S
Annapurna Food Association Respondents

JUDGEMENT

(1.) In a civil suit for mandatory injunction etc. preferred by the plaintiff FMI Limited, GT, Road, Doraha, Ludhiana respondent/present petitioner and Annapurna Food Association now respondent then plaintiff, the Court of Civil Judge, Junior Division, Ludhiana vide impugned order dtd. 20/9/2018 dismissed the application under Order 7 Rule 11 CPC forrejection of the plaint. This is how the instant revision has come about.

(2.) Heard Mr. Namit Gautam, Advocate for the petitioner and Mr. Manuj Nagrath, Advocate for the respondent and perused the records.

(3.) What has been reflected from the pleadings in the suit, which is a relief of mandatory injunction seeking directions to hand over the vacant and peaceful possession of the premises detailed therein which happens to be a commercial area and further is seeking damages to the tune of Rs.50.00 lacs on account of loss of income, reputation etc. The plaintiff had assessed the value for the purposes of court fees and jurisdiction to the tune of Rs.500.00 for mandatory injunction and Rs.500.00 for the relief of permanent injunction and therefore affixed a Court fee of Rs.1000.00. In the light of the same, the application was moved.