Amendment to the plaint after defendant raised construction in the pendency of the suit
Sadanand B. Panchal
(Querist) 08 October 2012
This query is : Resolved
Respected Experts,
I filed the suit for restraining Defendant from obstructing my right of access assuming that the Defendant was the owner of the land and therefore had obtained building permit.
At the stage of temporary injunction the Defendant voluntarily undertaken to give me alternate access before the Hon'ble Court.On the ground of undertaking given to the Court, my ad-interim reliefs were refused. But at the time of pendency of the N/M the Defendant illegally destroyed my other easements like Water Taps, Water meter cabin, electric underground cable and open ground washing place.
Subsequently after diligent search before the Government Authorities, I obtained the vital documents proving the Defendant is not the owner of the land at all and realized that the Defendant was not entitled to develop land on my right of access. As I was not aware that the Defendant will destroy my other easements, I did not shown it in the sketch plan in the Plaint.
Kindly advice me the following questions:
Can I amend the sketch plan by showing the location of the easements which are now disappeared?
Can I challenge the title of the Defendant by amending Plaint to prove that the Defendant had no right to disturb by easements and also to pray for the restoration of the easements at its original position?
What will be prayers to be amended?
Please advice me as I have filed my suit in person.
Regards,
Sadanand B, Panchal
MohammedRaffiq Bijapur
(Expert) 08 October 2012
Panchal sir
U can seek amendment of Sketch.
U can also challenge the title of the Defendant
But to establish easement u have to add/implead the servient owner also.
Yes U can pray for the restoration of the easements at its original position by way of mandatory injunction.
Sadanand B. Panchal
(Querist) 09 October 2012
Respected Expert Advocate,
Thanks For your Prosperous help and advice.
If it possible to reply me,Please inform me a solution about adding/misleading the servient
owner as I have registered certified copy of the conveyance deed showing the easements were excluded from the contract. Can I only record the said document before the Hon'ble court?
Regards,
Sadanand B. Panchal
V R SHROFF
(Expert) 09 October 2012
Amend your plaint with all that u came to know now.
Amendments will be allowed.
Sadanand B. Panchal
(Querist) 11 October 2012
Respected Experts,
Thanks a lot.
Regards,
Sadanand B.Panchal
