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ashok kumar (Social Worker)     23 March 2015

Frivolous civil suit for injunction

Frivolous Civil Suit for Injunction

“A” is in possession of a Property (Plot of Land) since 20years and also holds valid title documents & the Plot is even mortgaged for a loan with the Bank. One fine morning “B” files a Civil Suit the Court stating that “A” is disturbing his peaceful possession of the property & requests the Court to grant injunction against “A” from dispossessing him “B”

 

The truth is that even before filing of the suit; on the date of filing the suit, and thereafter till today “B” was never in possession of the suit

 

What should be the approach of “A” in the matter?

Does an application under O7,R11 lie in the matter?

Can “A” request the Court to get the facts verified by appointment of a commission and dismiss the suit with heavy costs?



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