Frivolous Case for Injunction-Way out??
Plaintiff Files a false case for Injunction for restraining Defendant from dispossessing the plaintiff from a property claimed to be in possession The claim is patently wrong, as the actual possession is with the defendant for the last 22 years & the property is even mortgaged to a Bank with clear Title papers.
The plaintiff produces a vague Registration document which contains no number of the Property, contains plot measurements which do not tally with the defendants’ plot size, and the Picture of the property is also different from what it actually is.
Can the defendant bring an objection under Order 7 Rule 11 on these grounds (Claiming no Cause of action with the plaintiff)
What is the other short way out instead of going through the ordeal of a long frivolous Civil Suit?
Can the defendant request the Court to appoint a Court staff or a Commissioner for a factual report from the site and to give an order dismissing the suit summarily?
If U R in possession of a property for so long with all title papers and yet if some one comes with some fabricated and vague documents and claims title and brings a frivolous suit like this what is the best way out besides fighting the case for the rest of the life?