Tirumal B 09 July 2023

Update one of defendants change of address

Hello All,

Plaintiff X has filed a suit for perpetual injunction on A , B , C claiming attempts were made to encroach his property forcefully and hence perpetual injunction. While the the actual case is otherwise and suit was filed to extract money.

Notices were served to all 3 defendants. Defendants A & B filed their counters. Defendant C address has changed and hence couldn't reply but he is aware of the suit. In the back end the plaintiff has stuck a deal with defendant C to not to file counter that way pressure is built on other 2 to go for out of court settlement. Both defendants A & B are aware of the updated address of Def C.

Plaintiff is trying to delay the trial process by not sending the summons to correct address.

Here real Q is how to tell the court that the Def C address is changed n here is the updated address.

Thsnks in advance for your guidance

regards

Tirumal

Reply Follow

3 Replies

P. Venu (Advocate) 09 July 2023

What do you mean by "Defendants A & B filed their counters". The defendants are required tofile their written statement and, in the given facts, a counter-claim (if so advised). It is unneessary that they should take up the pains for serving the summons to the third defendant.

In my considered opinion, the ideal course for A and B to file a separate suit against X and pursue it diligently.

T. Kalaiselvan, Advocate (Advocate) 09 July 2023

It is the court which has to direct the plaitiff if he is maintaining a hostile attitude or silence towards taking steps to send the summons to correct address of C..

Since A and B have not filed the suit seeking the said relief through court, they actually need not pressurise the court to bring the third defendant on records, the more and more the case is delayed, it is the plaintiff who will suffer the damages.

If the defendants A and B feel that this case is a false case and if it is not maintainable then they can file a petition under order 7 rule 11 to reject the plaint.

Dr. J C Vashista (Advocate ) 10 July 2023

You have stated, inter alia, that,

"Plaintiff X has filed a suit for perpetual injunction on A , B , C claiming attempts were made to encroach his property forcefully and hence perpetual injunction. ."

The subject of perpetual injunction against A, B & C pertain to restraining them from __________??? whereas you have further added in the facts that, " While the the actual case is otherwise and suit was filed to extract money. ..........? which one of two contradictory statement is true / correct ?

You have further stated that all three defendants have been served and A & B have filed their written statement whereas C is aware but not filed written statement. In this situation where is the requirement of finidng out address of C ???

Vague and confusing statement, if it is a true story, which is prima facie fabricated and hypothetical.