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Return of plaint

(Querist) 27 September 2016 This query is : Resolved 

I Have filed a Plaint before the court for declaration,injunction and possession. Now the distrcit court is not willing to take my file on record after 4 times of representation answering all the questions it has raised. Now again its asked me to remove the district collector and i cant remove the distrcit collector as order 27 rule 5a makes it clear that if a public officer ia made party to suit the distrcit collector has to be included that is the governmnet. Hence even after expalining this the court returned my plaint. what will be the procedure noe either to file civil revision petitions against the said order of court or a writ of certiorari is better to file? Hope i get the best answer. Further it is to be noted that the file is returned and a months time is given for refiling and the file is not rejected. can i go for a civil revision petiton or a writ of certiorari petition.
Ms.Usha Kapoor (Expert) 28 September 2016
You can file a writ of Mandamus against the trial court to issue directions to trial court to consider joining District collector as a party to the OP and accept your plaint.
Raj Kumar Makkad (Expert) 28 September 2016
A writ of certiorary is the sole and timely remedy in the given case but why are you impleading collector if the possession has to be obtained from private party?
Hisham (Querist) 28 September 2016
order XXVII RULE 5A reads as follows where a suit is instituted against a public officer for damages or other reliefs in respect of any act alleged to have been done by him in his official capacity, the government shall be joined as a party to the suit .Sir now the court is convinced with my reply but again it returned my plaint raising questions with regard to my prayer asking relief against the taluk office etc for a injunction to not to demarcate any boundary lines in favour of the trespasser and further an injunction against the trespasser not to dispose the property to any third party etc. the court claims that the prayers are wrong and how such prayer can be asked. i find that the court is only delaying my suit and not will to take it on record. its has passed orders for me to answer these prayers and further given me 1 month time. my plaint has ben returned the 5th time and in all occasions i have answered the court instead of taking my plaint on record the court keeps finding lame excuses for returning my plaint. please remember it has only returned my plaint and not rejected. at this point can i file a writ petition and what will be the appropriate writ petition.or should i file a civil revision petition?
Raj Kumar Makkad (Expert) 28 September 2016
It is highly surprising that the court is fixing the lines how and what should be mentioned in the suit. If not based on merit, the suit can be got dismissed at appropriate stage but if suit completes basic ingredient, it cannot be got refused to be instituted,

have you engaged any lawyer or are processing your case individually?
Hisham (Querist) 28 September 2016
even i am shocked by the way the court raises questions. i am processing my case individually. further the case can be dismissed by giving reasons as per order VII RULE 11. As the court cannot find the right reasons its showing its vengeance rather than giving its justice. so i have no other way at this stage what will be your suggestion can i file a writ petition for a court not doing its duty!! will by writ petition be considered by the high court!!!
Raj Kumar Makkad (Expert) 28 September 2016
I suggest to avail the services of a lawyer at least for drafting the case as per set procedure and provisions in he language of courts.

An individual non-lawyer has its own limitations.
Hisham (Querist) 28 September 2016
so at this stage can a writ petition be filed !!!
Raj Kumar Makkad (Expert) 28 September 2016
I don't suggest unless you file it through a lawyer and even then it is returned with some observation only then you should file the writ as desired.
Hisham (Querist) 28 September 2016
Sir i am practising lawyer in bangalore. this is a case which i have taken in tamil nadu as i am from tamilnadu. i have not experienced this in bangalore hence i seeked your advice and other peoples suggestions. this is a wonderful forum and i appreciate the quick response. so i had a idea of filing a writ before the high court and taking advice from experts like you sir is a previledge.
Rajendra K Goyal (Expert) 28 September 2016
Agree with the advice from expert raj kumar makkad.
Raj Kumar Makkad (Expert) 28 September 2016
If you are lawyer then it is easy to take help of local lawyer. Generally there remains some difference in preparation of petition from one high court area to another and sometimes it remains even within that area so better to involve a local junior lawyer with you so that he may get everything done as desired and even then if you fail to get the desired relief, the path of high court is open for you.
Rajendra K Goyal (Expert) 29 September 2016
A good and practical approach suggested.


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