Fate of the application

Arvind Singh Chauhan (Querist) 28 January 2013 This query is : Resolved
Respected seniors,
Application under Order 39 Rule 2,7,8 & under Section 151 was filed on 22-12-2011 by "A" against "B". referring the other orders passed by court, in the suits, in which "B" was not a party.

But the property in question was in possession of "B" as sold by one party before filing these suits.

While the main suit for injunction is filed on 09-05-2011 by "A" against "B".

Sir my query is whether Application under Order 39 Rule 2,7,8 & under Section 151 is maintainable against "B" without filing main suit for injunction or before filing the main suit. Main suit was filed after 6 month of filing the application.

Please refer law or case law in favour of "B".

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ajay sethi (Expert) 28 January 2013
suit simplicter for injunction is not maintanable . some declaratory reliefs have to be sought in suit . it is necessary to got hrough the suit and application filed by A against B to advise . B has to be a party to the sui tproceedings before any relief can be granted aginat B by court