A suit is for a declaration and injunction against some of the neighboring field owners for a declaration that the suit well and land are of the absolute ownership of plaintiffs and injunction restraining defendants from disturbing plaintiffs from exclusively enjoying the suit property
In defense a written statement is filed wherein it is contended that the suit well is a public well and the land is meant for way of public. and the defendants are enjoying the suit property in capacity as public members .whether this defense is available to the defendants without recourse to filing counter claim of the like nature and without defending in the capacity as representatives of public ? whether such a defense can be gone into by the court without issuing notice to public I.E. under order 1 rule 8 of CPC? I think defendants cannot make such a defense without recourse to provision under order 1 rule 8 of CPC
What is the opinion of the worthy lawyers on this issue ?
whether any authority is available for or against the proposition ? I may please be replied through my Email address I.E. pandyashantilal @hotmail.com
