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frivolous case for injunction-way out??

Social Worker

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? 

 
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ADVOCACY

U can take objections under o7rule11. Request the court to appoint local commissioner. For more call09910657998 mahavir singh advocate.
 
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Advocate

Application under Or7 Rule 11 is the best weapon to defend the case.
 
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Social Worker

The point is whether O7 R11 application is maintainable 

 
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Social Worker

The point is whether O7 R11 application is maintainable 

 
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Advocate

Yes the same is maintainable, if the court needs further clarification then a petition for appointing an advocate commissioner to know and give a report of the factual condition may be applied for.

 
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Advocate

Dear Ashok Kumarji,

I sincerely agree with the opinions of sri. Biswanath Roy, Advocate and Sri. T. Kalaiselvan, Advocate. It is only the best way to defend the matter. File a petition under Order VII Rule 11 CPC and agitate clearly that the Schedule of Property mentioned in your Written Statement is entirely different from that of the one mentioned in the Suit Plaint and that therefore there is no cause of action to file the suit basing on the Suit Schedule Propery.

Thanking you,

Truly Yours,

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com

 
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Social Worker

Yes agreed with Sh T. Kalaiselvan, & Sh G Y Sharmaji And respected Biswanath Royji

Pl let me know that a request for appointment of a Commissioner can be made orally or some formal application is to be moved ? If a formal application is to be moved then under which Order & Rule??
 
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