False suit

satyartha prakash gangula (Querist) 07 March 2012 This query is : Resolved
i have filed caveat.that after suit filed against me before the junior civil judge for not to interfere in sy.no.58. i am the owner and possessor of sy.no.74 & 75 which is adjacent to 58. the plaintiff stating sy.no58, he showing the plaint schdule in sy.74 & 75. i have reg.documents in sy.no.74 & 75 an extent of 435 sq.yards since 2001 and i have got municipal permission for constrction of the house in 2007 and constructed a house in 145 sq.yards, remaining area is still open land. they are trying to grab the land filed above suit in sy.no58 and showing my open land is the plaint schedule. yesterday have got court notice and today i have filed vakalat through my advocate. hon'ble court ordered for counter 22/3/2012 is finally. is it correct, on the day of first hearing the court may order for counter finally. what is the period for filing to counter and how i can defend it till collecting of documents for filing of counter. in this stage can i file a suit against them before Senior civil judge court for not to interfere of my peaceful possession of sy.no.74 & 75.

Follow Query

Report Abuse

Nadeem Qureshi (Expert) 07 March 2012
Dear Querist
when you had filed a caveat petition, it is court duty to send a notice before passed any order against you, the court procedure is right.
feel free to call

Raj Kumar Makkad (Expert) 07 March 2012
A period of 15 days for filing the counter reply is sufficient for collection and thereafter for its preparation but if this is not being possible, you may obtain an adjournment. One has to file counter reply within 90 days from the date of notice of the case.

Instead of filing the separate case before the court of senior division civil judge, you should file a counter claim and an application under order 39 rule 1 & 2A read with section 151 of CPC seeking injunction in your land. No separate suit is required to be filed.

Guest (Expert) 07 March 2012
IT IS YOUR RIGHT TO DEFEND OR ATTACK. IF DEFEND YOUR RIGHTS CANNOT BE DECLARED BUT CAN BE HOLD IF ATTACKED BY FILING SUIT YOUR RIGHTS WILL BE DECLARED. CHOSE WHAT IS BEST TO YOU. YOU CAN ALSO GET EXTENTION OF TIME FOR COLLECTING DOCUMENTS COURT CANNOT COMPEL TO FILE IT IMMEDIATELY. ASK YOUR ADVOCATE

ajay sethi (Expert) 07 March 2012
agree with makkad

Kirti Kar Tripathi (Expert) 08 March 2012
agree with makkad

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries