Lavika (HR Executive) 28 February 2018

Can i sue my uncle aunt for defamation or mental harrasment

Hi All, My father and his step brothers are going through some property disputes. I am married and living in other state. My step uncles has filed a case for injunction on my father. They have mentioned me my younger brother and younger sister's name too in case whereas I am no ways interested in their property. They are just trying to hamper my reputation in my company and family. Can I file a defamation case against them or mental harrasment. Need help.

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Vijay Raj Mahajan (Advocate) 28 February 2018

You can raise objection under order 1 rule 13 CPC at the earliest for mis-joinder in the suit by joining you as defendent by the plaintiff. The suit may not be dismissed on account of mis-joinder by the court but you can get relieved out of the suit by the court at the earliest and no order will be passed against you in the final decision of the court that comes later on. As far filling case against the step uncle for defamation you need to have evidence that tarnished your reputation in the society by his act, he has only made you party in the civil suit and how it harmed your reputation in society, that you have to show and proof to get relief from the court.