Legal Question in Civil Litigation in India

The plaintiff filed a civil suit for declaration and perpetual injunction that he is a tenant in the suit premises and is under imminent threat of being dispossessed by the defendant. He prayed that he may not be dispossessed by the defendant without due process of law. He prayed for declaration and perpetual injunction in this regard. The plaintiff was dispossessed by the defendant during pendency of the present suit. The defendant also stole away all the valuable belongings worth more than three lacs of the plaintiff from the tenanted premises of the plaintiff. The defendant in his written statement also made false defamotory allegations against the plaintiff and also denied his signature on the rent agreement, security amount receipt and rent receipts issued by him. Whether the plaintiff should file applicatoin under section 340 Cr PC against the defendant in the civil suit.. What steps the plaintiff should take for the false defamotary allegations levelled against him by the defendant in the already filed civil suit as he do not want to involve into more litigation, which is consuming lot of time,money of the plaintiff. The plaintiff later filed application u/o 6 rule 17 CPC for amendment of the plaint for recovery of possession which was duly allowed and taken on record and is pending in the Hon'ble Court. The plaintiff seeks proper guidance and outcome of the present case. What the law says in this regard.

The local commissioner was also appointed but the defendant did not allow the local commissioner to enter the suit premises and even abused him. LC report is on the record. Later the plaintiff filed contempt application under section 12 of the contempt of the court.Whether the provision of law is correct. What punishment can be conferred to the defendant by the court of law.Whether the contempt case can strengthen the main civil suit and its outcome.

Later the plaintiff also filed D.R petition for deposit of rent, which is pending in the court of ARC as he do not want that his tenanted premises should go rent free during the pendency of the civil suit. The plaintiff also seeks guidance whether ARC can allow DR petition and permit the petitioner to deposit rent during the pendency of the civil suit. What the law says in this regard? Any judgments, which can help the petitioner.

All the valuable goods worth more than three lacs were stolen by the defendant, which were lying in the tenanted premises during the pendency of the civil suit for which plaintiff has not filed any criminal case yet as he did not want to involve himself in multiple court litigation cases. whether he can avail any relief in the already filed civil suit. The plaintiff humbly seeks proper guidance and what the law says in this regard.. Any judgments which can be relevant in the present case. The plaintiff also helped the defendant, which is a religious trust physically and financially for almost twenty years but the defendant exploited him for his selfish gains.Whether the plaintiff can take any action against the defendant as per law.


Asked on 2/04/10, 12:12 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

In a pending litigation, appropriate advice is possible only after perusal of all pleadings and updated court orders. therefore, the counsel conducting your case or any other lawyer who may peruse the entire records may be the best person to provide you legal guidance.

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Answered on 2/04/10, 1:18 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

what exactly you looking for. do you want to take back the goods lying in the tenanted premises. in case the matter is pending for long, you may pray for early disposal.

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Answered on 2/05/10, 12:44 am


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