Can
a Court issue injunction against a non-party to the legal proceedings?
The Hon’ble
Delhi High Court in its recent judgment in RELIANCE INDUSTRIES LTD. Vs VIJAY CABLE INDUSTRIES & ORS, after discussing most of
the decisions rendered by the Supreme Court and other High Courts, held “The law therefore is found to be, that
while injunctions outside Order XXXIX Rules 1&2 CPC can be granted in
exercise of inherent powers of the Court under Section 151 CPC, there is no
dicta, at least of the Supreme Court on the aspect, whether even under Section
151 CPC, injunction can be issued against a non-party to the suit. The views of
the High Courts have been noticed above.”.
In
the said case, the Plaintiff filed a mortgage suit under 34 of the Code of
Civil Procedure, 1908 against the Defendants. Subsequently, he learnt that
Uttar Pradesh Financial Corporation, invoking its power under Section 29,
issued an advertisement, whereby, bringing the property (mortgaged with
Plaintiff) for sale. Therefore, the Plaintiff, without impleading Uttar Pradesh
Financial Corporation in suit proceedings, sought an order of injunction
against Uttar Pradesh Financial Corporation from selling, alienating,
transferring or creating third party interest in the property mortgaged, while
contending that since the original title documents of the property mortgaged were lying
with him, the said property could not be lying as collateral security with the Uttar
Pradesh Financial Corporation.
The
Hon’ble Delhi High Court dismissed the relief sought for by the Plaintiff on the
ground that there is no challenge in the present suit to the right of the Uttar
Pradesh Financial Corporation to sell the property.
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