Law: Specific Relief Act, 1877

Section: 54

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.32,O.XXXIX,R.2

Specific Relief Act (I of 1877)---.--- ---.----S. 54---.---Civil Procedure Code (V of 1908), O. XXI, R. 32 & O. XXXIX, R.2---.---Suit for permanent injunction---.---Disobeying of decree---.---Enforcement, procedure of---.---Suit filed by respondents (plaintiffs) was disposed of on the basis of statement made by petitioners (defendants)---.---Later on, respondents (plaintiffs) filed application under O. XXI, R. 32, C.P.C., to initiate appropriate proceedings against petitioners (defendants) for non-compliance of the decree---.---Trial Court framed issues and during recording of evidence directed petitioners (defendants) to issue a cheque in favour of respondents (plaintiffs) but petitioners (defendants) did not comply with the order resultantly proceedings under O. XXXIX, R. 2, C.P.C., were initiated by Trial Court---.---Order passed by Trial Court was maintained by lower appellate court---.---Validity---.---Divergent stances of parties led Trial Court to frame issues---.---Trial Court without returning findings regarding issues framed by it could neither direct petitioners (defendants) to pay any amount to respondents (plaintiffs) nor could initiate any proceedings under O.XXXIX, R. 2, C.P.C., for recovery of any amount---.---Trial Court while passing orders acted in exercise of its jurisdiction illegally and with material irregularity, which fact was not appreciated by lower appellate court and it fell in error while maintaining the order passed by Trial Court---.---High Court set aside order passed by both the courts below as the same were passed without lawful authority and of no legal effect---.---High Court directed Trial Court to decide application of respondents (plaintiffs) under O. XXI, R. 32, C.P.C., after recording complete evidence and in accordance with law---.---Constitutional petition was allowed in circumstances. THIS JUDGMENT DELIVERED BY: SHAHID WAHEED, JUSTICE:---.--- This petition has been filed with a prayer to set aside orders dated 03.02.2009 and 25.11.2010 of the learned Trial Court; and order dated 21.12.2010 of the learned Additional District Judge, Gujrat, with a direction to the learned Trial Court, Gujrat, to proceed to record…

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