PARMINDER SINGH Vs. AMARJIT SINGH

JUDGEMENT

(1.) This is defendants' revision petition against the order dated April 10, 2012, annexure P-1 passed by Civil Judge (Junior Division), Patiala, dismissing the application for rejection of plaint under Order 7 Rule 11 CPC. Copy of the plaint annexure P-2 placed on the record shows that the plaintiff- respondent No.1 filed a suit for specific performance of agreement of sale dated May 15, 2000 seeking relief for execution of the sale deed with regard to the property mentioned in heading of the plaint and also sought relief of permanent injunction to restrain the petitioners to sell the property in dispute to any other person. An application under Order 7 Rule 11 CPC read with Section 151 CPC was filed by the petitioners alleging that plaintiff- respondent No.1 alongwith Surinder Pal Singh, Gurpal Kaur, Charandeep Singh, Paramdeep Singh and Charanjit Kaur, proforma respondents have filed a similar suit for mandatory injunction and permanent injunction seeking relief on the basis of the agreement of sale dated May 15, 2000 against the defendant- petitioners. The said suit has been withdrawn without obtaining leave of the Court to sue for the relief claimed in the present suit as such the subsequent suit of the plaintiffrespondent No.1 was not maintainable. The plaintiff- respondent No.1 objected to the application under Order 7 Rule 11 CPC admitting that the earlier suit for mandatory injunction had been withdrawn on the objection of the defendant- petitioners by making a statement that the plaintiffrespondent No.1 shall file a suit for specific performance of the agreement.

(2.) The suit of specific performance having been filed on the same day, the same cannot be dismissed. The trial Court vide impugned order dated April 10, 2012 has dismissed the application under Order 7 Rule 11 CPC.

(3.) Counsel for the petitioners Mr. Rakesh Gupta, has vehemently contended that similar suit for mandatory injunction to the effect that the defendant- petitioners be directed to transfer by sale the suit property and for permanent injunction restraining the defendant- petitioners into peaceful possession of the plaintiff- respondent No.1 was based upon the same agreement of sale but the said suit was withdrawn vide order dated November 10, 2010, annexure P-8. The statement of plaintiff Amarjit Singh and his advocate made on November 10, 2010 reads as follows:-