22 September 2021
Dear Mr Sanyal,
The existing facts indicate that the suit is not maintainable. You mentioned that the narrow road is market in municipal map as a road. In local language it is called revenue rasta or revenue road. Therefore, you must file Application under Order 7 Rule 11 to dismiss the suit for 2 reasons: (1) no cause of action, (2) Non joinder of a necessary party i.e. Municipal Corporation. If the Application succeeds, suit goes. if Application does not succeed, then prove in trial that plaintiff has no title over the property. Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.