Disposed

Amit Kumar Chaurasia v. Smt. Meena Devi

Allahabad HC2 Jan 2019A227/9689/2018

Case brief

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What is this about?

Petitioner seeks recall of an ex-parte interim injunction alleging fraud by concealment of a prior suit. High Court directs trial court to decide the recall application on merits, ensuring respondent gets an opportunity to explain and preventing unnecessary adjournments.

What did the court decide?

Petitioner is to be directed to the Court below to decide application 17Ga for recall of the ex-parte interim injunction order.

Amit Kumar Chaurasia Vs Smt. Meena Devi — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 36

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Case :- MATTERS UNDER ARTICLE 227 No. - 9689 of 2018

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Petitioner :- Amit Kumar Chaurasia Respondent :- Smt. Meena Devi Counsel for Petitioner :- Girish Kumar Gupta

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Hon'ble Mrs. Sunita Agarwal,J.

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Heard learned counsel for the petitioner.

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The prayer in the present petition is to issue a direction to the Court below to recall the order dated 22.11.2018 passed in Original Suit No. 657 of 2018 (Smt. Meena Devi vs. Kanti Devi and others) in favour of the plaintiff/respondent.

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The categorical submission of learned counsel for the petitioner is that in an earlier suit namely Original Suit No. 1235 of 2018 (Smt. Meena Devi vs. Kanti Devi), instituted on 10.10.2018, the plaintiff/respondent has failed to get ex-parte interim injunction as the Court below has refused to grant injunction vide order dated 11.10.2018. The said suit was filed with regard to the same suit property as is subject matter of Original Suit No. 657 of 2018 and the parties to both the suits are one and the same.

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The submission is that the ex-parte interim injunction order dated 22.11.2018 was obtained by the plaintiff/respondent by concealment of the institution of the first suit as noted hereinabove.

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In order to bring the said fact on record, an application dated 5.12.2018 has been filed in Original Suit No. 657 of 2018 which has been registered as paper no. 17C and is pending disposal before the Court below.

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The next date fixed in the matter is 3.1.2019.

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With the said fact, it is contended by the learned counsel for the petitioner that a direction be given to the Court below to decide the application 17Ga, for recall of the ex-parte injunction order dated 22.11.2018 which has been filed by committing fraud upon the Court.

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Considering the said submissions, without expressing any opinion as to the merits of claim of the petitioner, the present petition is being disposed of with the direction to the Court below to decide the application 17Ga filed for recall of the ex-parte interim injunction order dated 22.11.2018, pending in Original Suit No. 657 of 2018, preferably, on the next date fixed i.e. on 3.1.2019 or on a date to be fixed within a further period of two weeks, thereafter.

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In any case, the said application is required to be decided by the Court below after giving due opportunity to the plaintiff/respondent to explain the circumstances, in which the second suit has been filed during the pendency of the earlier Original Suit No. 1235 of 2018.

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It is made clear that no unnecessary adjournment would be granted to the plaintiff/respondent and in any case, the application 17Ga shall be decided within the time given above.

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Order Date :- 2.1.2019 Brijesh

Amit Kumar Chaurasia v. Smt. Meena Devi

Case brief

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Amit Kumar Chaurasia v. Smt. Meena Devi

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