CPC O. 6 R. 17 – every passing moment may give a fresh cause of action to a party to institute a suit for permanent injunction

Mr. Abdul Shehbaz Thind, for the petitioner. Mr. Sham Lal Bhalla, for the respondents

Civil Procedure Code, 1908 (V of 1908) Order 6 Rule 17 – Amendment of plaint – Suit for Permanent Injunction – Cause of action – Well settled law that every passing moment may give a fresh cause of action to a party to institute a suit for permanent injunction and can by no means a legal hitch in its Institution – In a a simplicitor suit for permanent injunction title is not to be gone into and it is only if a declaration is sought, can be looked into by the Courts – How the second suit is barred during the pendency of the first suit could not be deciphered – Order of dismissal of application undr O. 6 R. 17 CPC , upheld. 

2022 PLRonline 3370