LE Suit in Small Cause Court
Querist :
Anonymous
(Querist) 18 July 2010
This query is : Resolved
My brother has filed LE suit in Small Cause Court in Mumbai.(against me and my family) for evicting me from my residential premises where I have been since 1958. He has asked for interim relief that I pay Rs. 30000/- per month till suit is decided and that he be permitted to enter my room which is in possession.He claims to be owner of the suit premises.
The suit premises (residential) is not in his name . It is major part in a partition suit where one of the issues mentioned is " whether brother proves that this suit premises belongs to him"
I am a party in the partition suit but my my wife and sons (one is minor) are not parties in partition suit.
Can I get the suit dismissed / stayed? . If so ,under whixh section? I
The LE suit has obviously been filed to harras me financially and make me spend money which I cannot afford.
The suit was filed in November 2009 and I have filed for stay but I have not yet filed my written statement. The reason was my lawyer who has returned the papers had given me to understand that he had filed for stay, it was not necessary to file written statement at this stage.
Am I in serious trouble? Will the Judge pass exparte order in brothers favor?
How do I get out of this mess?
Harrassment includes physical / mental /financial. Goondas have been brought home and have been removed by police at late night . but no action taken against brothers as they have got influential contacs who have bee fooled into helping them. Some contacts, I have met. They have apologized and have backed out saying they did not know the truth ; but they do not want to get involved further and undo the damage they have inadvertently done.
We are suffering and there is daily harrassment.
Devajyoti Barman
(Expert) 18 July 2010
As in both the suits the parties and the subject matter if dispute is the same then the subsequent suit should be stayed u/s10 od CPC . But these days after the passing of some decisions by the supreme court, the trial courts generally club both the suits and go for analogous hearing.
Your lawyer has advised rightly as the court is yet to pass any order regarding the saty of the subsequent suit you may not file the ws at this juncture. But if the court rejects your prayer for stay then definitely you will get a chance for filing ws and hence there is any scope for ex parte hearing.
