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ashok kumar (Social Worker)     03 August 2013

Totally frivolous property suit

Totally Frivolous Suit

 

A owns X PLOT in Khasra No 1.

B owns another PLOT in Khasra No 2.

‘B’ wrongfully takes possession of A’s PLOT in Khasra No 1, and approaches a Civil Court praying for restrain on ‘A’ from dispossessing him from his PLOT on Khasra No 2 & gets notices issued to A (A being out of the local limits of the Court )

 

The intention of B is to make A somehow admit in Court that B is in possession of A’s PLOT (albeit wrongfully)

 

Queries

1. What is in the best interests of A?

(a) A does not turn up to contest? In that case the court will ex-parte restrain A from dispossessing B from the PLOT in Khasra No 2 as prayed, which is actually the property of B with which A has got no interest at all!

(b) A turns up and contests saying that B has wrongfully possessed the property of A (at Khasra No 1), but the restrain B is asking for is in respect of the property she owns (at Khasra No 2) so A has got nothing to do with that.

(c) At this initial stage can A make an application for dismissal of suit as frivolous and ask for costs, as though B has made A as party but A has no dispute with B over the suit property which belongs to B

(d) Should A file an application under Section 35A of CPC or objections under Order 7 Rule 11



Learning

 1 Replies

Srinivas (Director)     03 August 2013

Practical solution is for A to build a compound wall and lock B out of it....

Dont wait on our useless Judiciary for relief... it will be too long and come at a great cost. 

Participate in suits and A should also file a suit for injunction against B

good luck.


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