SMT. SATI RANI SEN versus M/S. INDIAN STANDARD CASTING CO. AND ANR.

SMT. SATI RANI SEN versus M/S. INDIAN STANDARD CASTING CO. AND ANR.

So long as the status quo order and ad interim injunction in the earlier suit maintaining possession of the sub-tenant continue, execution of the decree in the later suit without impleading the sub-tenant and without disposing of the earlier order is an abuse of court process; the proper course is to appoint the landlord as court receiver and transfer all proceedings to one court for final adjudication.

Parties
Appellant: Smt. Sati Rani Sen; Respondent: M/s. Indian Standard Casting Co.; Respondent: M/s. Metal Box India Ltd.
Jurisdiction
India
Judgment Date
17 March 1997
Procedural Posture
Civil Appeal / Appeal From Order of Single Judge, Calcutta High Court, in C.o. No. 2514 of 1995
Outcome
Appeals disposed of.
Legal Topics
Injunction, Status Quo, Execution Proceedings, Receiver, Restitution, Transfer of Suits
Civil Procedure Injunction Status Quo Execution Proceedings Receiver Restitution Transfer of Suits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Smt. Sati Rani Sen

Appellant

M/s. Indian Standard Casting Co.

Respondent

M/s. Metal Box India Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Single Judge, Calcutta High Court, in C.o. No. 2514 of 1995

Legal Issues

  1. 1 Whether execution of a decree obtained in a subsequent suit without impleading the dispossessed sub-tenant is valid in light of prior order maintaining status quo and ad interim injunction in an earlier suit.
  2. 2 Whether the sub-tenant is entitled to restitution of possession or other equitable relief in execution proceedings.

Ratio Decidendi

So long as the status quo order and ad interim injunction in the earlier suit maintaining possession of the sub-tenant continue, execution of the decree in the later suit without impleading the sub-tenant and without disposing of the earlier order is an abuse of court process; the proper course is to appoint the landlord as court receiver and transfer all proceedings to one court for final adjudication.

Court Disposition

Appeals disposed of.

Orders

  • Appellant to be appointed as Court receiver under Order XL Rule 1 CPC and to remain answerable to the Court.
  • If decision in pending suits is against the appellant, possession to be surrendered to M/s. Indian Standard Casting Co.; else, possession remains with appellant.