Suit for permanent injunction from dispossession
Saurabh
(Querist) 11 September 2014
This query is : Resolved
PLAINTIFF FILED A SUIT FOR PERMANENT INJUNCTION FROM DISPOSSESSION OF SUIT PROPERTY
Issue 1:DEFENDANT HAS ALREADY ADMITTED THE POSSESSION OF THE SUIT PROPERTY BY THE PLAINTIFF (what effect this has on the suit)?
Issue 2: WHAT IS THE APPROPRIATE APPLICATION WHICH CAN BE MOVED by the plaintiff TO GAIN RELIEF IN THE PRESENT CASE?
Issue 3: ALSO O.7 R.11(a)&(d)r/w O.6 R.16 CPC APPLICATION related to the issue of non disclosure of cause of action is pending, Isn't court obligated to decide it first?
Kindly help on the 3 issues.
Ankit Jain
(Expert) 11 September 2014
court is bound to dispose all pending application before trail and leading evidence.
if defendant admitted possession of plaintiff. it is a well settled law that no one can be dispossessed from any property without due process of law.
if plaintiff should prove his case with strict proof or press temporary injunction first.
Raj Kumar Makkad
(Expert) 12 September 2014
If the defendant has already admitted the possession of the plaintiff over the suit property what more relief the plaintiff wants in the suit for injunction seeking restrainment of the defendant to dispossess him?
The applications shall be decided first.
T. Kalaiselvan, Advocate
(Expert) 19 September 2014
If the defendant has filed the said applications, the court will first dispose those applications and if need be, the main suit will be taken up for trial accordingly. If the defendant has already admitted that the plaintiff is in possession, most likely his application to reject the plaint and related application may stand dismissed. Are you for the defendant or for the plaintiff?
Saurabh
(Querist) 19 September 2014
Im defendant
I have filed another case for possession of the same suit property against plaintiff.
because of which had admit possession of the plaintiff.
Raj Kumar Makkad
(Expert) 21 September 2014
Though your subsequent suit is barred under section 10 of CPC yet you can enclose the certified copy of the written statement of the defendant in that case to the earlier one.
It shall further be better to get both cases clubbed if both are running within the same Sessions division.
