Civil remedy
Sandeep Didwania
(Querist) 12 March 2013
This query is : Resolved
my client filed a civil suit in 2006 against the O.P. for illegally constructing his boundary wall against the road side, thus encroaching the public road, and narrowing the public lane...after sum days o.p approached my client for an outside court oral settlement and assured that he wont do this again, and on such amicable settlement my client withdrew the said suit....in 2012 the o.p with an ill intention again started the illegal construction.. can a suit again be filled with the same cause of action there were 20 ??? or there is sum other remedy? earliernos of petitioners but nw there are 25 petitioners, can this be a cause?
plz advice
Y V Vishweshwar Rao
(Expert) 12 March 2013
You can file a suit for injunction not to encroach the Public Road , you can make the local Body also as party /Defendant , as local Body is not taking steps to prevent the Public Road Encroachment , there by the Authority which has to prevent the Road Encroachment is bound to take steps . Injunction Suit - Every cause of action is basis for new Suit for Injunction , You show the present Illegal Construction by Public Road encroachment as new Cause of action for Injunction suit . Injunction suit to prevent / Mandatory Injunction Suit to remove the illegal Structures obstructing the Road . You have to prove that it is public Road !
Sandeep Didwania
(Querist) 12 March 2013
can a case be filed again on same cause of action?
prabhakar singh
(Expert) 12 March 2013
Q."can a case be filed again on same cause of action?"
A BIG "NO" WOULD BE MY ANSWER.
I DO NOT AGREE EVEN TO ANSWER ADVANCED BY LD. Y V Vishweshwar Rao.
bUT I REMAINED SILENT AS FACTS STATED BY YOU,KINDLY DO NOT MIND ,ARE VERY VAGUE AND UNCLEAR.
IF YOU AGREE TO TAKE PAIN TO ELABORATE FACTS OF PREVIOUS SUIT IN VERY EXPLICIT MANNER I SHALL UNDERTAKE TO ANSWER YOU EXPLAINING AS MUCH AS I CAN.
ajay sethi
(Expert) 12 March 2013
how can anyone with draw suit merely based on verbal promises?
the said encroachment was done in 2006 . did the encroacher subseqnetly demolish the unauthorised construction .
did he again start constructing in 2012 ?
in such a case it would be fresh cause of action that has arisen . complain to muncipal corporation . if noaction taken use RTI to find out why corporation is not taking action against encoracher
ajay sethi
(Expert) 12 March 2013
in addition please clarify queries raised by prabhakar singhji
Sandeep Didwania
(Querist) 12 March 2013
EARLIER THE SUIT WAS FILLED WAS FILLED WHEN HE ENCROCHED 1.5 FEET, LATER ON VERBAL ASSURANCES MY CLIENTS WITHDREW THE CASE, SINCE IT WAS A TEMPLE RELATED ISSUE, BUT NW HE HAS AGAIN FILED A CASE WHEN HE AGAIN ENCROACHED 2 FEET. THIS TIME THE CASE WAS FILED BY MORE PLAINTIFFS AND THE AREA ENCROACHED IS ALSO DIFFERENT....THE O.P. LAWYER HAS SUBMITTED THAT THE CAUSE OF ACTION IS SAME, AND THE HON'BLE COURT HAS GIVEN US TIME TO PROVE OUR POINT. FOR THIS REASON I NEED UR HELP SO AS TO PROVE MY POINT BEFORE THE COURT, IF ANY RULINGS AVAILABLE, PLZ HELP
prabhakar singh
(Expert) 12 March 2013
YOU HAVE STILL NOT TOLD IN WHICH CAPACITY THE FIRST SUIT WAS AND IN WHICH CAPACITY THE PRESENT ONE IS?
prabhakar singh
(Expert) 12 March 2013
YOU CAN NOT RESOLVE IT BY SHORT CUTS.
EITHER POST BOTH PLAINTS AS WELL AS W.S OR NARRATE THINGS CLEARLY.
Raj Kumar Makkad
(Expert) 12 March 2013
Nothing to add more in the given replies.
