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Patna High Court

Siya Ram SinghversusRamkishore Singh

Decided
Disposal
DISPOSED

Holding

The impugned orders are set aside and the matter is remanded to the trial court for fresh consideration after hearing both parties in accordance with law.

Summary

The petitioner, who is defendant No.2 in Title Suit No.256 of 2018, filed an application seeking to quash three orders that restrained him from executing documents and rejected his injunction petition. He contended that the trial court had passed the injunction order without serving summons or affording him a hearing, violating procedural law. The court examined whether the lack of service and hearing rendered the orders illegal and whether they could be set aside. Finding that the orders were indeed passed without due process, the court set aside all three impugned orders and remanded the matter to the trial court for a fresh hearing. The petitioner also undertook not to sell or alienate the suit property pending final disposal, and the trial court was directed to decide the injunction petition within one month.

Issues considered

  • Whether an injunction order passed without service of summons and hearing is violative of the Civil Procedure Code.
  • Whether the orders dated 22.03.2018, 19.10.2020, and 13.09.2022 can be quashed on procedural grounds.
  • Whether the matter should be remanded to the trial court for fresh consideration with proper hearing.

Legislation cited

Subjects

  • injunction
  • status quo
  • quashing order
  • procedural due process
  • Civil Procedure Code
  • service of summons
  • remand

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CIVIL MISCELLANEOUS JURISDICTION No.79 of 2023
                  ======================================================
                  Siya Ram Singh S/o Late Shyam Bihari Singh, Resident of Village-
                  Nasratpur, Post- Laxmanpur, Police Station- Jandaha, District- Vaishali.

                                                                             ... ... Petitioner/s
                                                    Versus
            1.    Ramkishore Singh Son of Sri Balicharan Singh, Resident of Village-
                  Nasratpur, Post- Laxmanpur, Police Station- Jahdaha, District- Vaishali.
            2.    Sangita Kumari Wife of Sri ram Kishore Singh, Resident of Village-
                  Nasratpur, Post- Laxmanpur, Police Station- Jahdaha, District- Vaishali.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :        Mr.Kumar Mritunjay Narain
                  For the Respondent/s   :        Mr.Bal Bhushan Choudhary
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                        ORAL ORDER

13   18-03-2026                 Heard learned counsel appearing on behalf of both the

                    parties.

                                2. The instant application has been filed for the

                    following reliefs:-

                                                       “(i). For quashing the order dated
                                             22.03.2018 passed in Title Suit No. 256 of
                                             2018 by learned Sub-Judge VIII, Vaishali at
                                             Hajipur by which an order has been passed
                                             to maintain status quo as well as the
                                             petitioner has been restrained to execute any
                                             document.
                                                       (ii). For quashing of the order
                                             dated 19.10.2020 passed in Title Suit No.
                                             256 of 2018 by learned Sub-Judge XVI,
                                             Vaishali at Hajipur by which he has rejected
                                             the application filed by the petitioner under
Patna High Court C.Misc. No.79 of 2023(13) dt.18-03-2026
                                             2/3




                                   order 39 Rule 4 of CPC.
                                                (iii). For quashing of the order
                                   dated 13.09.2022 passed in Misc. Civil
                                   Appeal No. 07 of 2020 by learned Additional
                                   District Judge-V, Vaishali at Hajipur by
                                   which he has rejected the Misc. Civil Appeal
                                   No. 07 of 2020 filed by the petitioner.”

                       3. Learned counsel for the petitioner submits that he is

          defendant no. 2 in the Title Suit No. 256 of 2018 filed by the

          respondent/plaintiff and without giving any opportunity of

          hearing, as also without service of any summons for knowledge

          of the suit, the injunction order has been passed, which is illegal

          and against the spirit of law. The entire case record and order

          sheets nowhere reflect that summons were properly served upon

          Defendant No. 2 at the time of hearing of said injunction

          petition by the Trial Court. Both of the aforesaid impugned

          orders have been affirmed by the Appellate Court in Misc. Civil

          Appeal No. 07 of 2020.

                       4. The above argument of learned counsel for the

          petitioner is in consonance with the records and copy of order

          sheets filed by the petitioner. Impugned order has been passed

          without giving any opportunity of participating in hearing,

          which is against the law and procedure.

                       5. Keeping in view the aforesaid facts, and
          Patna High Court C.Misc. No.79 of 2023(13) dt.18-03-2026
                                                       3/3




                    considering the submissions made on behalf of learned counsel

                    for the petitioner, the impugned order is set aside and the matter

                    is remanded to the Trial Court for afresh consideration after

                    hearing both the parties in accordance with law.

                                  6. Petitioner i.e. defendant no. 2 in the Title Suit No.

                    256 of 2018, undertakes that he will not sell or alienate any part

                    of the suit property i.e. a house in which he is residing till the

                    disposal of the suit.

                                  7. Accordingly, the present application stands allowed

                    and all the three abovementioned impugned orders are hereby

                    set aside.

                                  8. Further, Trial Court is directed to dispose of the

                    injunction petition within a period of one month from the date

                    of receipt/production of this order, after hearing both the parties

                    in accordance with law. Both parties are also directed to

                    diligently co-operate in the hearing of injunction petition and

                    trial also.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U


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