CR No. 7156 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7156 of 2011 (O&M) Date of Decision: 22.11.2011 Angrej Singh @ Geja Singh & Anr. ...Petitioners Vs. Mst.Bhani & Ors. ...Respondents BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.M.K.Singla, Advocate, for the petitioners. --- A.N.Jindal, J. This petition has arisen out of order dated 15.11.2011 declining the application of the defendants/petitioners (herein referred as the petitioners) for dismissing the application under Order 23 Rule 1 (4) of the Code of Civil Procedure on the ground that in the previous suits so withdrawn, neither the parties were same nor the same relief was claimed, as such no permission to file the suit was required. No doubt plaintiff Nos. 2 to 7 and Smt.Bhani plaintiff No.1 had filed two suits (Suit No.404 of 16.04.2004 and Suit No.305 of CR No. 7156 of 2011 2 29.04.2005) for declaration for declaring them as owners in possession of the suit land and they had got those suits dismissed as withdrawn on 18.3.2006 without any permission to file fresh suit. It was averred by the respondents that suit No.305 dated 19.04.2005 was filed only by Bhani and in that suit only order of partition dated 31.05.2000 and mutation No.7896/B were challenged, whereas the present suit has been filed by Bhani and plaintiffs Nos. 2 to 5 sons of Dani. In the present suit mutation No.6905 dated 21.3.2004, gift deed dated 12.11.1958, sale deed dated 06.06.1960, mutation No.3936 dated 10.09.1961 and mutation No.7896/B have also been challenged, which were not challenged in the previous suits. In any case, the plaintiffs/respondents had earlier filed suits for declaration but they have now claimed possession and permanent injunction and as such the suit cannot be said to have been filed on the same cause of action, as such, the trial court was right in declining the application. No grounds to interfere. Dismissed in limine. (A.N.Jindal) 22.11.2011 Judge rp