High CourtsSingle Bench

Dhakshinamoorthy vs R.M. Nesam

Madras High Court · Decided on 13 June 2002 · Citation: (2002) 06 MAD CK 0084

HON’BLE JUDGES
A.K. Rajan, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Section 115
RESULT
Dismissed
CASE NUMBER
Civil Revision Petition No. 896 of 2002

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Judgment

8 paragraphs · 166 words

A.K. Rajan, J.—The petitioner herein is the second defendant in the suit in O.S.518 of 1995 on the file of District Munsif, Jayankondam.

The petitioner herein filed I.A.No. 397 of 2000 for framing of additional issues which was dismissed by the Court below.

2.

The suit is one for specific performance and the additional issue sought to be entrusted is with respect to a suit for injunction pending between

the parties. Even in that injunction suit, similar issue was raised and that was rejected by the trial Court. Against which C.R.P.No. 4107 of 2001

filed was also dismissed.

3.

In a suit for specific performance of contract, the issue relating to injunction need not be framed and, therefore, the lower Court has rightly

rejected the claim of the petitioner herein. Hence, this Court finds no illegality in the order of the Court below.

4.

In the result, the civil revision petition is dismissed at the stage of admission itself. No costs. Consequently, connected C.M.P.is also dismissed.