Sri Bisanna v. Smt a R Rekha
Case brief
What is this about?
Writ petition under Article 227 of the Constitution of India; challenge to rejection of Section 151 CPC application to treat Issue No.3 as preliminary issue; bare/permanent injunction suit O.S.No.3115/2010; declaration of title; Sections 34 and 38 Specific Relief Act; XI Addl. City Civil and Sessions Judge, Bengaluru City (CCH-8); application filed after conclusion of plaintiff's evidence; expeditious disposal direction in W.P.No.14544/2017; no interference warranted; petition rejected.
What did the court decide?
The petitioner-defendant can raise a defence with regard to title, but ultimately such a defence is required to be proved by adducing proper evidence; despite raising such a defence, if the respondent-plaintiff continues with the suit for injunction without seeking declaration, no Court can compel the respondent-plaintiff to seek the relief of declaration.