Cost Of the Suit

Querist : Anonymous (Querist) 08 January 2011 This query is : Resolved
Respected experts,
A civil suit for removal of encroachment has been filed; the court fee is too much. It is a very costly affair. I want to know whether in such cases if encroachment found then,
Will the plaintiff get the cost of the suit? (It is prayed.)
What is the criteria on which cost of the suit get awarded?
Can a suit of compensation be filed for compensation against the inconvenience/suffering caused and harassment/nuisance by the defendants?
Please suggest.
With regds and a very happy and prosperous new year – 2011 to all.

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Amit Minocha (Expert) 08 January 2011
You can always pray for cost of suit as well . make the concerned authorities also a party to suit so as to get the removal encroachment . File a directional suit, much court fee would only be attracted if you want the possession to be in your favour. You can in same suit also sue for damages for all nconvenience/suffering caused and harassment/nuisance etc. amitminocha@yahoo.com

adv. rajeev ( rajoo ) (Expert) 08 January 2011
It is the discretionary power of the court to grant the cost of the suit. It may grant or may not.

Advocate Bhartesh goyal (Expert) 08 January 2011
Mr.rajeev is absolutely correct.

Arun Kumar Bhagat (Expert) 08 January 2011
I agree with Mr. Amit Minocha.

Kirti Kar Tripathi (Expert) 08 January 2011
I agree with Mr. Rajoo. It is discretionary power of the court to grant the cost of the suit.

Advocate. Arunagiri (Expert) 08 January 2011
I agree with Mr.Amit.

Querist : Anonymous (Querist) 08 January 2011
Thanks for the guidance/suggestions.
The encroachers most probably have not taken permission of Municipality and have not their plan passed. So can we make Municipality a party? As a defendant or else?
With regds

G. ARAVINTHAN (Expert) 15 January 2011
Court will grant exemplary costs only in extraordinary circumstances. General Court Fee - cost can be ordered any time

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