2017 (9) TMI 2051

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....or respondents No. 1 & 2. ORDER TARLOK SINGH CHAUHAN, JUDGE (ORAL) This petition under Article 227 of the Constitution of India takes exception to the order passed by learned trial Court whereby the application filed by the petitioner for rejection of the plaint came to be dismissed. 2. The petitioner is the defendant No. 1, who had moved an application under Order 7 Rule 11 read with Section ....

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.... the respondents/plaintiffs. 4. The learned trial Court rejected the application without even adverting to the grounds as has been taken in the application and proceeded to determine the application only on the ground whether it discloses cause of action stricto-sensu and after placing reliance upon the judgment of the Bombay High Court in M.V. Sea Success I vs. Liverpool and London Streamship Pr....

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....duce the relevant observations as under: "8. As a general principle where two remedies are available under law one of them should not be taken as operating in derogation of the other. A regular suit will not be barred by a summary and a concurrent remedy being also provided therefor, but if a party has elected to pursue one remedy he is bound by it and cannot on his failing therein proceed under....

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....ady observed above, the proceedings that had been decided by the Assistant Collector, Jogindernagar had already been assailed before the Divisional Commissioner, Mandi and the same were otherwise pending at the time when the suit came to be filed by the plaintiff questioning therein again the order passed by the Assistant Collector, Jogindernagar. 7. Therefore, in view of the aforesaid exposition....