Manohar Lal vs Municipal Corporation Of Delhi
2001 Latest Caselaw 58 Del

JUDGMENT

S.K. Mahajan, J.

1. In a suit filed by the plaintiff, an application was filed by him for an injunction restraining the defendants from dispossessing him from the property in dispute except by due process of law. The injunction having not been granted, civil revision came to be filed in this Court and by order dated 4th March 1991 passed in Civil Revision No. 778/89 this Court allowed the application of the plaintiff and restrained the defendant from dispossessing the plaintiff from the property in dispute during the pendency of the suit except by due process of law. The suit of the plaintiff was dismissed in default on 13th February, 1998. With the dismissal of the suit, all interim orders stood vacated. Plaintiff filed an application under Order IX, Rule 9, CPC for restoration of the suit. By order 30th September, 1998, the Trial Court restored the suit, subject to payment of Rs. 800/- as costs. At that time, it was pointed out by Counsel for the Delhi Development Authority that since after the dismissal of the suit, the demolition has been carried out and the suit had become infructuous. Contention of the plaintiff that only a part of the property had been demolished and he continues to be in possession of the suit property. Since no injunction was granted by the Court after the restoration of the suit, present revision petition was filed by the petitioner.

2. In my opinion, on the restoration of the suit, all interim orders passed earlier stand revived and in case there is a stay in favor of the plaintiff, the said order will also be revived. Interim orders passed in the suit remain in abeyance after the dismissal of the suit in default and with the restoration of the suit they also stand restored. Since by order dated 4th March, 1991 the respondents were restrained from dispossessing the petitioner/plaintiff from the property in dispute except by due process of law during the pendency of the suit, in my opinion, that order stands revived on the restoration of the suit. The effect of demolition which has been carried out by the defendant after the suit had been dismissed in default, will be seen by the Court only at the time of final hearing of the matter.

3. I, accordingly, allow this petition and direct that the order dated 14th March, 1991 passed by this Court in Civil Revision No. 778/89 stands revived on the restoration of the suit by the trial Court. It is, however, directed that the plaintiff will not carry out any construction or make any changes in the suit property as it exists as on today. The Trial Court is also directed to expedite disposal of the suit.

C.M. No. 3369/98 :

4. Since the petition has been disposed of, this application has become infructuous and the same is, accordingly, disposed of.

Trial Court record be sent back immediately.

Petition disposed of.

5. Application became infructuous.