Lal Chand Sharma v. J. K. White Cements Works Ltd.
2015-07-21
ARUN BHANSALI
body2015
DigiLaw.ai
JUDGMENT : Arun Bhansali, J. This writ petition has been filed by the petitioner aggrieved against the order dated 9.1.2015 passed by the trial court, whereby the application filed by the petitioner under Section 151 CPC has been rejected. 2. The petitioner filed application under Section 151 CPC inter-alia seeking reconnection of the gas facility made available by the respondents. 3. The application was opposed by the respondents and the trial court on coming to the conclusion that the application filed by the petitioner under Order 39, Rule 1 and 2 CPC has already been dismissed, the petitioner was not entitled to seek relief under Section 151 CPC. 4. It is submitted by learned counsel for the petitioner that the trial court was not justified in dismissing the application, inasmuch as, the petitioner's appeal against dismissal of application under Order 39, Rule 1 and 2 CPC is still pending consideration before the appellate court and therefore, the trial court should have granted relief sought by the petitioner. 5. It was submitted that during the pendency of the suit, the defendants were seeking to change the status by way of stopping gas supply to the petitioner, which is not permissible and therefore, the order impugned deserves to be set aside. 6. I have considered the submissions made by learned counsel for the petitioner and have perused the material placed on record. 7. Learned counsel for the petitioner under the direction of this Court has produced a copy of the order dated 17.3.2011 passed by the trial court, whereby the application filed by the petitioner under Order 39, Rule 1 and 2 CPC was dismissed. In the application filed by the petitioner, the petitioner has specifically sought injunction against the respondents seeking to restrain against disconnection of gas supply. 8. The trial court after hearing the parties found lack of prima facie case in favour of the petitioner-plaintiff and consequently, rejected the application. The grant of relief which was denied by way of application under Order 39, Rule 1 and 2 CPC in the form of application under Section 151 CPC is not envisaged. The provisions of Section 151 CPC can be utilised in aid of any order passed under Order 39, Rule 1 and 2 CPC and not for creating a new state of affairs. 9.
The provisions of Section 151 CPC can be utilised in aid of any order passed under Order 39, Rule 1 and 2 CPC and not for creating a new state of affairs. 9. In view thereof, the trial court was justified in dismissing the application filed by the petitioner. Further in view of the fact that the petitioner's appeal against rejection of application under Order 39, Rule 1 and 2 CPC is pending consideration before the appellate court, the petitioner could have very well sought the relief from the appellate court. In view of the above discussion, no case for interference is made out. The writ petition is, therefore, dismissed.