Small cause Court

Querist : Anonymous (Querist) 18 July 2010 This query is : Resolved
My brother has filed a LE suit on me and my family in November 2009.
The suit premises is not in his name.and is one of the issues in partition suit pending in the high court, where one issue mentioned is " whether brother proves that the flat belongs to him".
I am a party in the partition suit but my wife and sons (one is minor) are not parties in partition suit.
Will the Small cause allow the suit to be stayed or dismissed ? under which section ?
The LE suit has obviously been filed to harrass me financially and make me spend money which I cannot afford.
2. I have not filed my written statement yet ( 7 months) because the lawyer who was earlier representing me has returned the papers had given me to understand that since he had filed for stay, the same could be done later. The application for stay is pending.
3. Am I in deep trouble ? Will the Judge pass exparte order in LE suit.
Pls advise. The tension is terrible as the situation of harrassment, goondas is terrible that sometimes I wonder if life is worth living.
Thank you.
Harassed Anonymous

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Chanchal Nag Chowdhury (Expert) 18 July 2010
U have not stated as to what your brother has claimed in your LE suit. Does the Partition suit relate to the same subject matter?
Unless the above are clear it is not possible to answer. Next time be a bit liberal with your statements.