Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | D empowered the court to extend the limitation period on sufficient cause being shown payee did not take such plea - Thus order of High Court that complaint u/ s 138 maintainable on the ground that proviso to s. 142 (b) successive presentation of dishonoured cheque by payee - Events taking place much prior to 2002 - Complaint c under section 138 - Maintainability of - Held: Amendment to s. I 42(b) not intended to operate retrospectively -Also set aside - Proceedings pursuant to the complaint quashed. 1881 - -ss. 138 and 142 (b) proviso - Insertion of proviso to s. 142 (b) in 2002 extending the limitation period - On facts Negotiable Instruments Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Injunction:Suit for permanent injunction - Defendants claiming right over suit property based on sale agreement- Civil Court refused to grant order of injunction on the ground that no prima facie case made out - Appeal thereagainst withdrawn - Thereafter plaintiff prayed for amendment of plaint and also sought interim order of injunction during pendency of said application - Rejected by Civil Court - Affirmed by High Court on ground that proposed amendment fell short of grant of declaration that sale agreement was null and void - Correctness of - Held: Correct as plaintiff had not brought out any new circumstances warranting grant of injunction in his favour - Only because further prayer was made upon amending the plaint, same itself would not bring situational change warranting application of mind afresh by Civil Court. Interim Order:Suit for permanent injunction - Civil Court refused to grant order of injunction on the ground that no prima facie case made out - Appeal thereagainst sought to be withdrawn - High Court allowed plaintiff to withdraw and also directed parties to maintain status quo for two weeks but no reason was assigned to pass such interim order - Held: High Court had no jurisdiction to pass such an interim order - Once appeal was permitted to be withdrawn, Court became functus officio. The Plaintiffs-appellants became owners of the suit land by way of gift deed. Defendants-respondents claimed their right and possession over the suit land in terms of sale agreement purported to be executed by appellants. Various proceedings were initiated before the Revenue Courts in regard to inclusion of name of respondents in the revenue records before filing the instant suit by the appellants before the Civil Court for permanent injunction restraining the respondents from creating any right over the suit land, on the basis of the revenue entries and from interfering with their possession. In the said suit, appellants filed a notice of motion. The Civil Court by order dated 13.10.2006 refused to grant an order of injunction on the ground that no prima facie case was made out. The appellants filed appeal thereagainst in the High Court. The said appeal however was withdrawn stating that they would move the trial Court for amendment of plaint. The High Court allowed the appellants to withdraw the appeal and also directed the parties to maintain status quo for a period of two weeks. Thereafter, chamber summon was taken by the appellants wherein prayer was made not only for the amendment of the plaint but also seeking an interim order of injunction during the pendency of the said application was also prayed for.The prayer for interim relief was rejected by Civil Court opining that the earlier order dated 13.10.2006 became final. Against this order of rejection the appellant filed appeal before High Court wherein it was held that the proposed amendment fell short of relief of declaration that the sale agreement was null and void and was to be set aside and upheld the judgment of Civil Court. An SLP was filed before this Court against the said order which was disposed of on 2.2.2007 with the direction that until amendment application is disposed of, no third party interest should be created.On 28.2.2007, application for amendment was allowed. A notice of motion for grant of injunction was again taken out which was dismissed. High Court upheld the said order. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1270 |
Petitioner | Ajay Mohan And Ors. |
Respondent | H.n. Rai And Ors. |
SCR | [2007] 13 S.C.R. 298 |
Judgement Date | 2007-12-12 |
Case Number | 5831 |
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