w w w . L a w y e r S e r v i c e s . i n



Subhash @ Subash Deb Nath v/s On Death of Bishnupada Saha His Legal Heirs - Archana Saha & Others


Company & Directors' Information:- SAHA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U67120KA1991PTC012267

Company & Directors' Information:- NATH PRIVATE LIMITED [Active] CIN = U31908PN2013PTC148540

Company & Directors' Information:- C C SAHA LTD [Active] CIN = U36920WB1933PLC007695

Company & Directors' Information:- NATH AND CO LTD [Strike Off] CIN = U15141KL1946PLC000796

Company & Directors' Information:- B N SAHA CO PVT LTD [Strike Off] CIN = U12000WB1938PTC009498

Company & Directors' Information:- ARCHANA I T PRIVATE LIMITED [Strike Off] CIN = U72200DL2001PTC111168

Company & Directors' Information:- SUBHASH INDIA PRIVATE LIMITED [Strike Off] CIN = U52100DL2014PTC271852

    Civil Revision Petition No. 22 of 2020

    Decided On, 14 February 2020

    At, High Court of Gauhati

    By, THE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

    For the Appearing Parties: P.K. Goswami, Advocate.



Judgment Text


Heard Dr. PK Goswami, learned Counsel for the petitioner.

2. Considering the nature of the order to be passed, we deem it appropriate that notices on the respondents may not be issued.

3. The petitioner instituted Title Suit No.369 of 2010 in the Court of learned Munsiff No.2, Kamrup (M), at Guwahati claiming for right, title and interest over the suit land. The said suit was dismissed for non-prosecution by an order dated 16.11.2019. Although there was a counter claim, even the counter claimant had not come forward before the Court to pursue with his counter claim after dismissal of the suit for non-prosecution. Upon dismissal of the suit for non-prosecution, the defendants counter claimants are stated to have encroached upon the suit land. In the circumstance, the petition No.2965 was filed by the petitioner under Order 39 Rule 1 and 2 praying for an ad-interim temporary injunction restraining the defendants counter claimant from entering the suit land. The petition of the petitioner plaintiff under Order 39 Rule 1 and 2 was dismissed by the order dated 21.12.2019 on the ground that the restoration petition against the dismissal of the suit having still pending, no relief can be granted by passing an order of injunction.

4. We have perused the provisions of Order 39 Rule 1 which provides that where in any suit it is proved by an affidavit or otherwise, that the defendant threatened to dispossess the plaintiff or otherwise caused injury to the plaintiff in respect of the suit property, the court may by order grant a temporary injunction to restrain such acts. A bare reading of the provision of Order 39 Rule 1 shows that in order to invoke such power for grant of temporary injunction, the pre-requisite would be the pendency of the suit as because such order can be passed only where in any suit it is provided by an affidavit or otherwise. Consequent to our aforesaid reading of the provision of order 39 Rule 1, we find no infirmity in the order dated 21.12.2019 of the learned Court of Munsiff No.2, Kamrup in Petition No.2965 which was filed under Order 39 Rule 1 and 2.

5. Dr. PK Goswami, learned Counsel relies upon the pronouncement of a judgment of this Court in the case of Reboti Ray vs- Sashikanta Budhia @ Agarwal, (2006) 2 GauLT 311 , wherein in paragraph- 23, it had been held that the inherent jurisdiction of a court to issue temporary injunction which are not covered by Order 39 still remains under Section 94 of the CPC inasmuch, as Section 94 CPC does not completely prohibit the grant of temporary injunction in the circumstance which are otherwise not covered by order 39 and the rules framed thereunder. In the instant case, although the petitioner made their application under Order 39 Rule 1 and 2, in a circumstance where the dismissed suit was not restored, there was no prohibition under the law for the Court to exercise its power for grant of temporary injunction under Section 94(c) of the CPC.

6. We are faced with a situation where the suit of the petitioner was dismissed on 16.11.2019 and a petition for restoration is pending wherein notices have been issued but have not yet been served and therefore the said petition is pending consideration. In the meantime, it is stated that the defendants taking advantage of the dismissal of the suit is attempting to dispossess the plaintiff from the suit land. Although a subsequent attempt to dispossess may give rise to a new cause of action, we leave it to the petitioner to address the said issue and take remedial measure in an appropriate manner, as may be provided under the law. But for the case at hand, we are of the view that if the defendants taking advantage of the dismissal of the suit and the non-consideration of the application for restoration because of the procedural requirement, is making attempts to dispossess the plaintiff, we are of the view that it would be a fit case for exercising the jurisdiction under Section 151 CPC by restraining the defendants respondents from dispossessing the plaintiff petitioner from the suit land at least till such period by which the learned Munsiff can give a due consideration to the restoration petition of the petitioner as well as any other application that they may file for protecting their interim rights. We deem it appropriate that such order is necessary for the ends of justice and to prevent abuse of the process of the Court.

7. Accordingly, the respondent defendants are restrained from dispossessing the plaintiff from the suit land. As this order is passed ex-parte without hearing the respondents defendants, we require the learned Munsiff No.2 to take up the application for restoration of the Title Suit No.369 of 2010 as expeditiously as possible and upon its restoration, if any application for interim injunction is filed and pressed by the petitioners, the same also be given a consideration. The petitioner should not be allowed to cause any delay in the restoration petition being taken up and for the purpose require them to serve the respondents defendants through Dasti method

Please Login To View The Full Judgment!

under Order V Rule 9 A CPC. Upon appropriate order being passed on the restoration petition, the petitioner be allowed another seven days' time to file appropriate application for injunction if they intend to so prefer. This order of restraining the respondents defendants shall continue upto a period of seven days from the date of which the restoration is finally taken up by the learned Munsiff No.2. 8. The petitioner to appear before the learned Munsiff No.2, Kamrup (M) at Guwahati on 17.02.2020. 9. The revision petition stands disposed of.
O R







Judgements of Similar Parties

06-10-2020 Subhash Ramji Kumbhar Versus State of Maharashtra. Through Hinjewadi Police Station, Pune High Court of Judicature at Bombay
01-10-2020 Goura Versus Subhash High Court of Karnataka Circuit Bench OF Kalaburagi
01-10-2020 Sachin Subhash Londhe Versus State of Maharashtra High Court of Judicature at Bombay
01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
28-09-2020 Emirates Airlines Versus Srikanta Saha & Others National Consumer Disputes Redressal Commission NCDRC
26-08-2020 Archana Kujur Versus State of Chhattisgarh Through-The Secretary, Forest Department, Mantralaya, Chhattisgarh & Others High Court of Chhattisgarh
26-08-2020 Davinder Nath Sethi & Another Versus M/s. Purearth Infrastructure Limited, New Delhi National Consumer Disputes Redressal Commission NCDRC
25-08-2020 Dewan Izzat Rai Nanda Thru Lr's Versus Dewan Iqbal Nath Thru Lr's & Others High Court of Delhi
25-08-2020 Subhash @ Ansari Versus State of Kerala, Represented by Director of Public Prosecution, High Court of Kerala, Ernakulam High Court of Kerala
05-08-2020 Rahul Subhash Bothra Versus Karjala Ashalata Naidu High Court of Judicature at Bombay
30-07-2020 Som Nath Bhatt Versus Central Provident Fund Commissioner, New Delhi & Another National Consumer Disputes Redressal Commission NCDRC
30-07-2020 Som Nath Bhatt Versus Central Provident Fund Commissioner, New Delhi & Another National Consumer Disputes Redressal Commission NCDRC
29-07-2020 Dr. Aswathy R.S. Karthika & Others Versus Dr. M. Archana & Others Supreme Court of India
16-07-2020 Kamlesh Devi & Others Versus Bhola Nath & Others High Court of Jammu and Kashmir
16-07-2020 Satendra Nath Biswas Versus State of Chhattisgarh Through The Secretary, Department of Urban, Administration, Chhattisgarh & Others High Court of Chhattisgarh
03-07-2020 Manoj Kumar Saha @ Manoj Kumar Sah Versus State of Bihar through the Principal Secretary, Prohibition, Excise & Registration Department, Govt. of Bihar, Patna & Others High Court of Judicature at Patna
03-07-2020 Subhash Joshi & Another Versus Director General of GST Intelligence (DGGI) & Others High Court of Madhya Pradesh Bench at Indore
26-06-2020 For the Respondents: Vibhav Prakash Tripathi, Advocate. For the Respondents: G.A., Subhash Chandra Yadav, Advocate. High Court of Judicature at Allahabad
18-06-2020 Subhash Sahebrao Deshmukh Versus Satish Atmaram Talekar & Others Supreme Court of India
16-06-2020 Subhash Mehta Versus HDFC Bank Ltd. National Consumer Disputes Redressal Commission NCDRC
15-06-2020 Aditya Nath Jha Versus Union of India & Others Supreme Court of India
11-06-2020 State of HP Versus Dina Nath (Since Deceased) & Another High Court of Himachal Pradesh
05-06-2020 Subhash Chand Garg & Others Versus M/S H.K.S. Developers Private Ltd & Others High Court of Judicature at Allahabad
13-05-2020 Swapan Kumar Saha Versus Bangiya Gramin Vikash Bank & Others High Court of Judicature at Calcutta
06-05-2020 Triloki Nath Singh Versus Anirudh Singh(D) Thr. Lrs & Others Supreme Court of India
28-04-2020 Sambhu Nath & Others Versus State of U.P. High Court of Judicature at Allahabad
27-04-2020 Mohd. Burhan Versus Triloki Nath Nirmal High Court of Delhi
20-03-2020 Chanchal Chopra (Since Deceased Thru.Lrs) Versus Subhash Duggal & Others High Court of Delhi
18-03-2020 Pushpak Infrastructure Pvt. Ltd. Versus Goutam Saha & Others National Consumer Disputes Redressal Commission NCDRC
13-03-2020 GBM Developers & Promoters P Ltd., Through its Director, Subhash Bansal, Chandigarh Versus Col. Sukhwant Singh Saini National Consumer Disputes Redressal Commission NCDRC
12-03-2020 The Branch Manager, National Insurance Co. Ltd. Versus Subhash Mahanta West Bengal State Consumer Disputes Redressal Commission Kolkata
11-03-2020 Bidyut Kumar Saha Versus Tapa Saha High Court of Tripura
05-03-2020 Saurendra Nath Sen Versus M/s. Ranjan Nirman Pvt. Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
03-03-2020 Debashish Nath Versus The State of Tripura, Represented by the Secretary-cum-Commissioner, Department of Information and Cultural Affairs, Government of Tripura & Others High Court of Tripura
27-02-2020 Prashant Parakh Versus Subhash Choudhary High Court of Chhattisgarh
25-02-2020 Neeta Saha, Member of Suspended Board of Palm Developers Pvt. Ltd., U.P. Versus Ram Niwas Gupta (Proprietor of Ram Niwas Gupta & sons), New Delhi & Others National Company Law Appellate Tribunal
25-02-2020 M/s. Tridev Express Cargo Versus IPSITA Saha National Consumer Disputes Redressal Commission NCDRC
25-02-2020 M/s. Tridev Express Cargo, West Bengal Versus IPSITA Saha, West Bengal National Consumer Disputes Redressal Commission NCDRC
25-02-2020 Shashikant Shripad Pandit & Others Versus Kaustubh Subhash Pandit & Others High Court of Judicature at Bombay
24-02-2020 KBM Foods Pvt. Ltd. Versus Subhash Tayal & Another High Court of Delhi
20-02-2020 Kaushik Saha Versus The Genaral Manager, SBI & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
20-02-2020 P.S. Archana & Others Versus Munawar Pasha & Others High Court of Karnataka
18-02-2020 Shakti Nath & Others V/S Alpha Tiger Cyprus Investment No.3 Ltd. And Others Supreme Court of India
10-02-2020 Arun Aravind Habbu Versus Archana Prabhakar High Court of Karnataka
10-02-2020 Jugal and Others. V/S Archana and Others. Debts Recovery Tribunal Nagpur
10-02-2020 Axis Bank V/S Shyambeer Nath Tiwari and Others. Debts Recovery Tribunal Delhi
10-02-2020 Lipika Dey (Saha) Versus Babul Kumar Saha High Court of Tripura
07-02-2020 Paras Nath Singh Versus State of U.P. & Others High Court of Judicature at Allahabad
07-02-2020 Union of India & Another Versus Deepak Niranjan Nath Pandit Supreme Court of India
07-02-2020 Bijali Saha & Another Versus Riman Saha High Court of Tripura
04-02-2020 Subhash Pargi Versus State of Rajasthan High Court of Rajasthan
03-02-2020 Debasish Saha Versus Godrej Properties Limited National Consumer Disputes Redressal Commission NCDRC
29-01-2020 The Zilla Parishad, Wardha through its Chief Executive Officer Versus Subhash Tukaramji Buche In the High Court of Bombay at Nagpur
24-01-2020 Kalyani Saha & Another Versus M/s. Chowdhury Projects Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
23-01-2020 Governing Body Swami Shraddhanand College Versus Amar Nath Jha & Another Supreme Court of India
20-01-2020 Pankaj Behari Saha V/S The State of Tripura, Represented by the Chief Secretary, Government of Tripura & Others High Court of Tripura
17-01-2020 Monotosh Saha Versus Sanjit Thakurata & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
15-01-2020 Bibhas Saha & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
07-01-2020 Kamal Nath, Accountant, Divisional Office Tezpur, Sonitpur Versus The Union of India, Represented by the Secretary to the Government of India, Ministry of Communication & IT Department of Posts, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
07-01-2020 Biswanath Pal Versus Sankar Nath Pal & Others High Court of Judicature at Calcutta
06-01-2020 Surinder Nath Kesar Versus Board of School Education & Others Supreme Court of India
06-01-2020 Subhash Chauhan & Others Versus State of U.P. High Court of Judicature at Allahabad
03-01-2020 Debasish Saha & Others Versus Godrej Properties Limited & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
03-01-2020 Prasanta Lenka Versus Birendra Nath Rana High Court of Orissa
24-12-2019 Rabindra Nath Dam & Another Versus State of West Bengal & Another High Court of Judicature at Calcutta
23-12-2019 Surender Singh Chadha Versus Subhash Chand Saini High Court of Delhi
25-11-2019 Subhash Mangla & Another Versus M3M India Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
22-11-2019 Dwijendra Nath Mishra Versus State of U.P. & Others High Court of Judicature at Allahabad
22-11-2019 Santi Swaasthalaya & Anusandhan Kendra Pvt. Ltd. Versus Iti Saha & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
18-11-2019 Subhash Dhanraj Sankla Versus Kaikhushroo @ Keki Phiroze Noble (since deceased through his ] Heirs and legal representatives) : & Others High Court of Judicature at Bombay
15-11-2019 Debdas Saha Versus The State of West Bengal & Others High Court of Judicature at Calcutta
14-11-2019 Jayanti Das Nath Versus The Union of India, Represented by the Secretary, To the Govt. of India, Ministry of Defence (D), New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
13-11-2019 Central Public Information Officer, Supreme Court of India Versus Subhash Chandra Agarwal Supreme Court of India
08-11-2019 Savrunisha & Others Versus Bhola Nath High Court of Judicature at Allahabad
08-11-2019 Subhash Agarwal Versus Abhishek Andley & Others High Court of Delhi
07-11-2019 Sanjay Kumar Saha Versus UCO Bank & Others High Court of Judicature at Calcutta
05-11-2019 Subhash Arora Versus Prasad Process Pvt. Ltd. High Court of Delhi
17-10-2019 Maharashtra Public Service Commission through Secretary & Others Versus Makrand Subhash Dagadkhair & Others High Court of Judicature at Bombay
30-09-2019 Goutam Saha Versus Sona Halder & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
29-09-2019 Jonali Nath Versus The Union of India, Represented by the Secretary, Ministry of Railway, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
24-09-2019 Dina Nath (D ) By Lrs. & Another Versus Subhash Chand Saini & Others Supreme Court of India
23-09-2019 Subhash Versus The New India Assurance Company Ltd. Through its Divisional Manager, Akola & Others In the High Court of Bombay at Nagpur
23-09-2019 M/s. Bishamber Dass Pran Nath & Another Versus Madhu Kapoor & Another High Court of Delhi
20-09-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
19-09-2019 Subhash Versus State of Rajasthan Through P.P. High Court of Rajasthan Jaipur Bench
18-09-2019 Shibani Saha & Another Versus Subhasish Ghosh & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
16-09-2019 National Insurance Company Ltd. Versus Shambhu Nath Upadhyay National Consumer Disputes Redressal Commission NCDRC
06-09-2019 Subhash Chand Jain Versus C. Ravindran & Others Debts Recovery Tribunal Chennai
05-09-2019 Electrical Contractors Association of Maharashtra, Through its Chairman: Nilesh Subhash Tivramkar Versus City & Industrial Development Corporation of Maharashtra Ltd. & Others High Court of Judicature at Bombay
03-09-2019 A. Archana Versus D. Uma Maheswara Reddy High Court of Andhra Pradesh
02-09-2019 Subhash Chand Goel & Others Versus Hans Raj Gupta & Co Pvt. Ltd. High Court of Delhi
30-08-2019 Subhash @ Pappu Versus State High Court of Judicature at Allahabad
28-08-2019 M/s. Aridipa Enterprise Rep. by its partner, Soma Basu Versus Partha Saha & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
28-08-2019 Paras Nath & Others Versus Addl. Dist. Judge A. Nagar & Others High Court Of Judicature At Allahabad Lucknow Bench
28-08-2019 Alok Nath Chandra Versus State Bank of India & Others High Court of Judicature at Calcutta
23-08-2019 National Aluminium Company Limited Versus Subhash Infra Engineers Pvt. Ltd. & Another Supreme Court of India
21-08-2019 M/s. Bose Enterprise Rep. by Rana Basu & Another Versus Chayanika Saha & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
20-08-2019 Goa State Cooperative Bank Ltd. Versus Krishna Nath A. (Dead) Through Lrs. & Others Supreme Court of India
19-08-2019 Ayodhya Faizabad Development Authority Through Its Vice Chairman, Faizabad Uttar Pradesh Versus Nath Bux Singh National Consumer Disputes Redressal Commission NCDRC