Pvt_RajKing (Private) 25 February 2014

Dismissal or rejection of suit - parallel proceedings

Hello,

My friend is a defendant in a civil case in which I thought he should file for rejection of plaint for institution of parellel proceedings but his lawyer is not doing...

The suit is filed against my friend claiming that he manipulated the revenue record of a land (house site) and got the revenue records mutated by the Tehsildar. The plaintiff already filed an appeal with the RDO (Revenue Diisional Officer) who has revisional jurisdiction, against the said mutation and the patta issued to my friend. This appeal/revision is pending with the RDO. My friend claims that the said land is his ancestral proceperty and produces few revenue documents in support of the same. The Plaintif only has the Natham Settlement Register in his favor and NO prior document or any other document. The settlement register was corrected based on my friend's petition to the Tehsildar and the same is in appeal with the RDO.

The current revenue records are in my friend's name. The land has no house in it but my friend has a shed as he uses the same for his cattles.. The physical posession of the land is with my friend.

The plaintiff has filed a Suit for restraining order to not to disturb his peaceful posession. He has not asked for coreection of the revenue record or title.

(1) Is such a suit maintanable?

(2) Can the defendant file for rejection of the suit for parellel proceeding? Since the RDO already in proceeding to decide the merit of the mutation of the revenue record, which is the sole documentation for the plaintiff's claim. If so under what sections?

Anything else my friend can do to stop this proceeding as it simply an abuse of judicial process.

Thanks

Reply Follow

2 Replies

shanmugam lakshmanan (senior) 25 February 2014

Dear friend, on perusal pf your post it seems that your friend claims title by inheritance where as the opposite part has Natham settlement register. The proceeding before revenue authroties is to challenge the issuance of patta while the suit is for bare injunction. These two are not for same relief. As such your friend may not succeed in filing rejection of plaint. Interestingly none of the litigants have not taken steps for declaration of title. In the case of vacant site, the possetion goes with title. I am of the view that your friend will get better relief if he file suit for declaration of his title if he succeeds the property by succession by leading sufficient oral and documentary evidence in his favour.

Pvt_RajKing (Private) 25 February 2014

Thanks Mr. Shanmugam.. That is a good suggestion and I shall relay the same...

On the rejection, though the relief is not one and the same, the relief sought for (bare injunction) requires the judge to decide whether the change of patta i.e mutation of revenue record was in order or not which is already with the RDO. Since the civil court cannot grant relief without answering that question, would not that amount to parallel proceedings? Or can he attempt to prove mere posession (without title) to get the injunction?

Thanks