Civil suit
Milap Choraria
(Querist) 15 October 2011
This query is : Resolved
After withdrwal of a Civil Suit by the Plaintiff himself, whether Injunction Order, which earlier passed in the such Suit, can be called as Subjudice or still affective?
prabhakar singh
(Expert) 15 October 2011
When the suit it is with drawn how can any interim order passed can be deemed to be still alive.?? No,not at all.
jitender pawaria
(Expert) 15 October 2011
once the suit is withdraw by the plaintiff soon after all interim order also quash.
Raj Kumar Makkad
(Expert) 15 October 2011
All interim orders merge in final order. Final order is dismissal of suit as withdrawn, no stay order granted therein exists. Res judicata is not applicable if fresh injunction suit is filed.
Advocate Bhartesh goyal
(Expert) 16 October 2011
I agree with all the experts.Interim order passed in a suit which has been later on withdrawn will not remain in force.
Milap Choraria
(Querist) 20 October 2011
In fact Kolkata Land Mafia filed the defamation Suit in Calcutta High Court.
He appointed my long time Lawyer Sh. P.K. Ray, Bar-at-law, and obtained an Injunction Order, which even restrained me to make any complaint before any public authority, based on 'True Imputation', as such I lodged my joint complaint to President of India and CJI, then he filed a Contempt Petition. However, Hon'ble Judge, before issuing Rule, directed the Petitioner of Contempt Petition to serve copy of Petition. Thereafter, he filed a false affidavit of service and also made further false statement in his Affidavit of Reply, as such I filed application under Section 340 of Cr.P.C. and subsequently pleaded for analogous hearing of both the matters (1) Contempt Petition; and (2) Application u/S 340 of Cr. P. C. and accordingly order was passed by High Court. Thereafter said Kolkata Land Mafia arranged for the matter out of the list and compelled me to flee from Kolkata and lived under hiding between 1993 and 2005. After enactment of RTI Act, 2005 I started filing of application, and succeeded to getting valuable information proving his mafia activities. In March, 2006 someone from Director of IT(Inv.), Kolkata leaked some information to him that I am trying to get information about action taken by IT Deptt., on my repeated complaints, than on 16/03/2006 he withdraw said Suit.
Now my question is whether my said application (individual proceeding against misuse of administration of justice) u/S 340 of Cr. P. C. is still exists or became infractuous, with the withdrawal of the Suit?
