Karnataka High Court
Smt Geetha Nagaraj vs Sri N H Bhaskar Reddy on 12 December, 2008
Author: Subhash B.Adi
Bench: Subhash B.Adi
IN THE HIGH COURT OF KARNATAKA AT BANGALORE _ DATED THIS THE 12™ DAY OF DECEMBER 2008 BEFORE _ CIVIL REVISION PETITION No.407/2¢ 008 oo BETWEEN 1 (BY SREHS SOMNATH & ASSOC! ATE 3, ADVE) : 1 SMT GEETHA NAGARAJ AGED ABOUT 60 YEARS WIFE OF SRIKNAGARAJ oo RIAT NO 79/1, MODEL HOUSE STREET, a BASAVANAGUDI are BANGALORE-O4 oe BETEIONER IN ne ER PNO. 4086/2008 SRIV K KALYANAM AGEG5 YRS S/O SRI V KRISHNA SAMY ; RIP NO.880, s ACROSS, | BLOCK, KORAMANGALA a BANGALORE-4 mS ... PETITIONER IN . Lae C.R.P.NO 407/2008 (BY SRI: HS SOMNATH & Assoc IAT ES, ADVS)} At 1D 1 ee \ SEIN H BKASKAR REDDY SIOF HN SHIVA REDDY AGED ABOLIT 38 YEARS RIAY.NO C-17, KUDREMUKH COLONY KORAMANGALA ~. BANGALORE-34 -. SRIN-H BHASKAR REDDY MANAGING PARTNER OF M/S AMRUTH DEVELOPERS AND BUILDERS NO 698, 2°" FLOOR, 20°" MAIN - @® STAGE, BTM LAYOUT BANGALORE-68 REPRESENTED 8Y ITS MANAGING PARTNER SRIV R GIRIDHAR MAJOR IN AGE SON OF VLNRAO NO 698, 2° FLOOR 1 i + 29" MAIN, 2 STAGE, BIM LAYOUT, BANGALORE-68. oo .. RESPONDENTS
(COMMON IN BOTH PETITIONS) _ CRP NO 406/2008 |S FILED L/S 115 OF CPC AGAINST THE GP@DER DATED. :
01.10.2008 PASSED IN OS. NO__ NIL. /2008 ON THE FILE OF THE PRi.CIVIL JUDGE. .
(WIRDN} AND JMFC, ANEKAL, HOLDING THAT THE SUIT FIL ED RY THE, a PLAINTIFE THEREIN AS NOT MAINTAINABLE CRP NO.407/2008 1S FILED US 115 OF THE CPC AGAINST THE ORDER . DT1.10.08 PASSED IN OS NO_NIL /08 ON THE FILE OF THE PRL ADDL. CIVIL JUDGE, (JR.DN), & JMFC., ANEKAL, HOLDING THAT THE SUIT FILED BY THE PLAINTIFF THEREIN IS NOT MAINTAINABLE. * a THESE REVISION PETITIONS COMING on FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING" , These two Revision Petitions arise cut of identical orders passed by the Principal Civil Judge r Dn. ) and INF c, Anekal
2. Leamed Chl igo by the" cider dated 1.102008 has dismissed the suit as not maintainable. 'It is observed by the learned Civil Judge that, "the plainttt has. 'sought for decree for permanent injunction ~ 'restraining 'the defendants and his agents from alienatingtencumbering the schedule property in form of sites or in form oe of agricultural tandtor th any manner whatsoever. Trial Court held that, . such a bare suit for injunction is not maintainable and accordingly, the suits is ai ismissed.
- Learned Counsel for the petitioners submits that, after filing of
-- the suit, the trial court suo motu even before registering the suit has
- "dismissed the same. He submits that, there is no procedure contemplated for dismissal of the suit even before it is registered. a MA oe sap ole a defendant. 'This is the. procedure contemplated under the Code of Civil _ "that the sui is not maintainable as the plaintiff has not sought for
4. Section 9 of the Code of Civil Procedure confers Jurisdiction on the Civil Courts to entertain suits, which are otherwise not express y or by implication barred under any law. Order IV provides for m proedine for - the institution of sults. Order IV rule (1) reads as under: : : | (1) Every suit shail be instituted by presenting a plaint in"
duplicate to the court or such officer as it appoinis i in this = behalf ; . ne Every plaint shall comply with the rules contained in Orders Vl and Vil i.e., pleading and the plaint. If pla int is in conformity with requirement of Orders Vi and Vil, the Plaint shaii be @ registered under Order lV rule (2), which reads asunder;
"The court shall cause the | particulars of every suit fo be entered in a book to ike kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year 'Becerding t fo the order in which the plaints are admitted."
Once the Ptninti complies with the requirement of Order !V and the suit is ; duly instituted. the Court issues summons in terms of Order V te the ~ Procedure. It ig strange that the leamed Civil Judge (dr.Dn.) even before 7 the suit is registered, she has dismissed the suit on merit by observing dectaration. if the pleadings are in consonance with the rules of Order VI,
- it the plaint contains the particulars as contemplated under the Rules | under Order VI, the suit is required to be registered. If the pleadings are get "--