PER JUSTICE J.M. MALIK

1.      Counsel for the complainants present.  None is present for the Opposite Party despite second call.  Arguments heard at length from the counsel for the Complainants.  He submits that the complainants have already got relief in this case.  The Hon’ble High Court, Allahabad has already passed the order in their favour.  They have got   the   plots  and  they  are  in possession of those plots.  The only question with  reference to the disposal of this complaint is  that there was delay of about 5 years and the complainants should get the compensation for the same.

2.   The Hon’ble High Court has already decided this matter. It must have evaluated the pros and cons of the entire dispute pending between both the parties.  The learned counsel for the complainants has conceded that the Hon’ble High Court of Allahabad did not pass any order regarding compensation.  In case the Complainants had mentioned this fact before the Hon’ble High Court it must have considered the same.  The silence on the part of Hon’ble High Court means denial of that right.  In case the complainants did not pray before the Hon’ble High Court, it ought to have been prayed, which is now barred by order 2 rule 2 C.P.C.

3.   It also goes beyond the pale of our comprehension, as to how this Commission can pass the order regarding compensation in favour of the Complainants when their main case and main relief stands granted by the order of Hon’ble High Court.  Any other relief is barred by Section 11 C.P.C. read with order 2 rule 2 C.P.C.  It is abhorrent from  the  principles  of  Jurisprudence that  the  Complainants should seek part of relief from one forum and seek another part from the other Forum out of the same cause of action.  Thus we find no force in the arguments advanced by the Learned Counsel for the Complainants and dismiss the complaint as having become infructuous.  There shall be no order as to costs.