D.B.CIVIL SPECIAL APPEAL NO.830/2009 DATE OF ORDER : 10/12/2010 HON'BLE THE CHIEF JUSTICE MR.ARUN MISHRA HON'BLE MR. JUSTICE PRAKASH TATIA Mr.Manish Shishodia, for the appellant. Mr.Ram Rakh Vyas, for the respondents. This intra Court appeal has been filed as against the decision rendered by the Single Bench. While deciding application filed under Order 12 Rule 1 CPC, the Single Bench also ordered for dismissal of the suit itself before the trial Court. The suit has been filed before the trial Court for declaration, injunction & for setting aside the certain orders passed by the revenue Courts. The injunction was prayed for, which was refused by the trial Court and Misc. appeal was taken under Order 43 Rule 1(r) CPC, that too, also met the same fate. Thereafter, the writ application was preferred by the unsuccessful appellant. Not only that the orders have been affirmed, however the Single Bench while deciding the application for injunction and correctness of the orders pertaining to the injunction passed by the trial court and the appellate court, also thought it appropriate to dismiss the suit itself. We have heard the learned counsel for the parties at length. In our opinion, it was not appropriate for the Single Bench to have dismissed the suit itself, while deciding the writ application pertaining to the interlocutory matter of grant of injunction. The question of maintainability of the suit can be gone into while deciding the question of grant of injunction. However, the suit itself could not be decided by the Single Bench, while deciding aforesaid interlocutory matter, thus, said part of the order passed by the Single Bench, on merits, cannot be said to be appropriate. Consequently, the part of the order dismissing the suit itself is set aside and rest part of the order, so far as it relates to refusal to grant injunction, calls for no interference. Obviously, the suit stands restored to its number and cannot be treated to have been dismissed pursuant to the aforesaid order passed by the Single Bench. With the aforesaid modification in the order passed by the Single Bench, the intra Court appeal is partly allowed. No costs. (PRAKASH TATIA), J. (ARUN MISHRA), CJ RANKAWAT JK, PS