Tajbinder Singh & others vs Harish Arora & others

Manoj K. Tiwari, J. (Oral)

Petitioners are aggrieved by rejection of their application, under Rule 13 of the General Rules (Civil) by In-charge District Judge, Dehradun vide

order dated 15.06.2018. By the said order, permission sought by them to file third party appeal, during summer vacation, was refused.

2.It transpires that respondent No. 1 â€" Harish Arora filed one injunction suit numbered as Original Suit No. 262 of 2018 against respondent Nos. 2 to

On the first date of hearing i.e. 31.05.2018, trial court granted ex-parte ad-interim injunction directing the parties to maintain status quo.

Since petitioners were not party in the said suit, therefore, upon coming to know about the said ex-parte ad-interim injunction, petitioners approached

learned District Judge during summer vacation along with an application under Rule 13 of General Rule (Civil) seeking leave to file miscellaneous

appeal, under Order 43 Rule 1(r) of the CPC. The said application having been rejected by learned In-charge District Judge, Dehradun vide order

dated 15.06.2018, petitioners have approached this Court.

I have gone through the order impugned in the writ petition. There is no reason to interfere with the same in exercise of powers under Article 227

of the Constitution.Rule 13 of General Rules (Civil) is an enabling provision which authorizes the court to entertain a suit or appeal on a gazetted

holiday and the power available under Rule 13 cannot be exercised in-discriminately.

In such view of the matter, I find no force in the writ petition, accordingly, writ petition is dismissed.

Since the civil court of District Dehradun is reopening on 02.07.2018, therefore, the petitioners will always be at liberty to file third party appeal

upon reopening of the court. To meet the end of justice, it is provided that till 04.07.2018, nature of property shall not be changed.