CR No.148 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.148 of 2010 Decided on :21-07-2010 Shri Shyam Sunder Khanna ....Petitioner VERSUS ALPS Education Society through its President ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Ranjan Lakhanpal, Advocate for the petitioner. Mr. Sidharth Batra, Advocate for the respondent MAHESH GROVER, J This revision petition has been filed under Article 227 of the Constitution of India challenging order dated 4.11.2009 by which an application of the petitioner under Order 7 Rule 11 CPC was dismissed. The only grievance that petitioner has made in the present petition is that the application has wrongly been dismissed for the reason that earlier a suit was filed by the respondent against petitioner seeking rendition of account and ultimately that suit was dismissed as withdrawn, since the matter has been compromised between the parties. The respondent did not seek any permission to file a fresh suit but ultimately filed another suit seeking rendition of the account. He thus pleaded that his objection under Order 7 Rule 11 ought to have been considered by the Court and the application decided in his favour. On the other hand, learned counsel for the respondent contended that earlier suit which was filed pertains to the financial year CR No.148 of 2010 2 from 1.4.2006 to 31.3.2007 and the subsequent suit which is the suit in hand was filed for the period 1.4.2007 to 6.7.2008. He thus contends that since the periods mentioned are different, the plea of the petitioner has been rightly negated. After hearing learned counsel for the parties, I am of the considered opinion that the contention of the learned counsel for the respondent merits acceptance. The suits clearly pertain to different financial years and therefore objection of the petitioner that earlier suit was dismissed as withdrawn and hence second suit was not maintainable is erroneous. Hence, dismissed. July 21, 2010 (Mahesh Grover) rekha Judge