RAM TRANSPORT FINANCE CO. LTD. Vs. THAKUR DUTT

JUDGEMENT

(1.) THIS petition is directed against the order dated 21.2.2013 rendered by the Civil Judge (Senior Division), Court No. 1, Kasauli in C.M.A. No. 159 -VI/12 in Civil Suit No. 138/1 of 2012.

(2.) "Key facts" necessary for the adjudication of this petition are that respondent -plaintiff (hereinafter referred as the "plaintiff" for convenience sake) has filed a Civil Suit against the petitioner -defendant (hereinafter referred to as the "defendant" for convenience sake) under section 38 of the Specific Relief Act for permanent prohibitory injunction by restraining the defendant from taking forcible possession of the vehicle in question. The plaintiff has also filed an application under order 39 rule 1 and 2 of the Code of Civil Procedure for the grant of ad -interim injunction.

(3.) THE Civil Judge (Senior Division) ordered to issue notice in an application under section 39 rule 1 and 2 of the Code of Civil Procedure on 4.8.2012. Fresh summons were issued to defendant for 25.9.2012 vide order dated 14.8.2012. Memo of appearance was filed on behalf of respondent on 25.9.2012 and the matter was ordered to be listed for filing reply on 19.10.2012 vide order dated 25.9.2012. Time was again prayed for filing reply vide order dated 19.10.2012. Thereafter, on 1.11.2012 Amrik Lal Attri, G.P.A. of respondent stated that defendant will not take possession of the vehicle in question till final decision of the case. His statement was recorded separately. Civil Judge (Senior Division) allowed the application under order 39 rule 1 and 2 of the Code of Civil Procedure and the defendant was restrained from taking possession of truck Eicher bearing registration No. HP -63 -2209 till the final decision of the case. Civil Judge (Senior Division) dismissed the application filed by the defendant under section 8 read with section 5 of the Arbitration and Conciliation Act, 1996 on 21.2.2013. According to the Civil Judge (Senior Division) defendant has voluntarily given statement on 1.11.2012 before the Court and in view of this, the Court has the jurisdiction to try the suit under section 9 of the Code of Civil Procedure. It is in these circumstances, present application has been filed.