Gurdeep Singh v. Jeewan Jyot Singh

CR No. 1280 of 2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No. 1280 of 2019 (O&M) Date of decision : 25.2.2019 ...

Gurdeep Singh ................Petitioner vs.

Jeewan Jyot Singh and another .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. S.S. Khaira, Advocate for the petitioner ...

H. S. Madaan, J. (Oral) The plaintiff had filed a suit for grant of permanent injunction, where he had moved an application for grant of ad interim injunction. That application was dismissed by the trial Court after contest. However, the plaintiff moved an application to withdraw the suit, with permission to file a fresh one, on the same cause of action. The said permission was granted to him. Thereafter he filed a fresh suit regarding the same property, wherein he got ad interim injunction. That order was challenged by the defendants by way of filing an appeal. Learned Additional District Judge, while hearing the appeal came to the conclusion that the plaintiff had concealed the factum of dismissal of injunction application in the first suit, in that way has suppressed the material facts, thereby allowing the appeal BANITA CHUGH 2019.02.26 13:36 I am the author of this document

CR No. 1280 of 2019 -2and dismissing the application under Order 39 Rules 1 and 2 CPC. Feeling aggrieved, the plaintiff has approached this Court, by filing the present revision petition.

I have gone through the impugned order passed by the learned Additional District Judge, Gurdaspur. I do not find any illegality or infirmity with the said order, which might have called for interference by this Court while exercising the revisional jurisdiction. Dismissed.

( H.S. Madaan ) 25.2.2019 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2019.02.26 13:36 I am the author of this document