Bare injunction suit
basavaraj shiromani
(Querist) 19 February 2012
This query is : Resolved
A bare injunction suit is filed to restrain defendant to stop his hereditary avocation blacksmithy work near to his house on the base of nuisance. No documentary evidence is produced to show the nuisance. After the completion of evidence on both side, when the case is posted for final arguments, the plaintiff filed an application for the appointment of court commissioner, to appoint a pollution control board to investigate the matter. My questions are
1. Whether the plaintiff has a right to restrain defendant from his avocation ?
2. Whether the plaintiff can file an application for the appointment of court commissioner at the final stage of the suit.
3. When the main issued is of nuisance, whether court commissioner can be appointed to collected evidence.
4. Whether the bare injunction suit is maintainable or premature as the plaintiff has not approached the proper forum before filing the suit ?
ajay sethi
(Expert) 19 February 2012
a suit simplicter for injunction is not maintanable . you ahve to seek some declaratory reliefs .
application for appointment of commissioner is at a belated stage . after evidence of parties are closed . the court may reject the application . the plaintiff ought to have led evidence of the nuisance being caused at trial stage.
