Final Order 1

Order Details: Chamber summons
Pdf Text: Advocate Mr. Yashpal Jain along with advocate Mr. Dhrusti Chheda and advocate Smita Chaudhary
for Plaintiff present Advocate Mr. Sarthak Shah and advocate Ms. Shweta Shah i/b Sarthak Shah
and Associates for Defendant present ORDER ON CHS NO.512/19 This Chamber Summons is
filed on behalf of minor applicant Kush Anuj Shah for impleading him as Defendant in this suit. It
is pertinent to note here that affidavit filed in support of Chamber Summons is filed by Mr. Anuj
Shah as father and natural guardian of minor applicant Kush and on perusal of the plaint it is
noticed that Mr. Anuj is Defendant no.1 of this suit. Mr. Anuj in his affidavit filed in support of
Chamber Summons has contended that minor Kush being legal heir of Defendants has right, title
and interest in suit premises which was admittedly purchased by grand parents of minor Kush,
hence according to applicant suit property is ancestral property therefore he is necessary party to the
Defendant. Plaintiff has filed a detailed affidavit of reply contending that this is the suit filed for
simple injunction and minor applicant Kush can not be necessary party to the suit. Heard
applicant&amp#039s advocate and Plaintiff&amp#039s advocate at length. Perused
plaint. On perusal of prayer clauses from the plaint it is noticed by me that this is the simple suit for
injunction filed against Defendant no.1 and 2. It is settled principle of law that injunction suit can be
filed only against the person who are causing obstruction in the peaceful possession of Plaintiff or
against the person who are causing damage to property of Plaintiff. The cause of action for filing
injunction suit will arise against the person causing obstruction into possession or against the
persons from whom there is apprehension of obstruction or apprehension of damages to the
property in question. I am unable to understand as to how the minor applicant can obstruction into
alleged possession of Plaintiff over suit premises and as to how minor can understand that he is
necessary party to this suit. On perusing the plaint and after giving I have given serious
consideration to the submissions it is noticed by me that Defendant no.1 as his father and natural
guardian of minor applicant is intending to drag minor applicant to this litigation. It seems that said
move is taken by Defendant no.1 to get sympathy from the court however it is settled principle of
law that court of law can not get swed away by emotions and all the orders to be passed by the court
of law should be passed only in the four corners of law and they should stand on merits. It seems
that parties to this suit for their ego are raising quarrel against each other and in the unfortunate
quarrel between Plaintiff and Defendant now Defendant no.1 is intending to drag minor applicant If
it will be allowed no purpose will be served and unnecessarily name of minor will appear in a
litigation to which he has no concern at all. Hence, I find that to satisfy the ego of Defendant no.1
Chamber Summons can not be allowed and minor applicant can not be dragged into unnecessary
litigation. While arguing Defendant&amp#039s advocate has pointed out that already one suit
no.714/19 on behalf of minor applicant is filed in this court and after giving serious consideration to
said submission I have come to conclusion that if at all applicant is entitled to any reliefs he may
claim all such reliefs in the suit filed on behalf of him and if such prayers will be made they can be
decided on merits in said suit. Any how minor applicant can not be Defendant to injunction suit
because minor applicant can not obstruction into possession of suit property or minor can not
damage the property in question and all such work can be done by the devil mind of this party to
this suit. Hence, I proceed to pass following order - ORDER Chamber Summons no.512 of 2019
stands dismissed/disposed off. Case is adjourned to 09/01/2020 for NM hearing.
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