Can a defendant ask for injunctions against the petitioner?
Querist :
Anonymous
(Querist) 03 April 2018
This query is : Resolved
In a civil suit if the plaintiff has wronged the defendant such as trespassed on his property and also filed a civil suit about the same property, can the defendant make a prayer to the court to evict / restrain etc. the petitioner in his reply; or just because the defendant has not paid the 'court fee', this prayer will not be considered? In such a situation what should a defendant do to protect himself?
SHIRISH PAWAR, 7738990900
(Expert) 03 April 2018
Plaintiff may object for such application it is better to file separate suit against the Plaintiff.
Vikas Hedau
(Expert) 04 April 2018
No You dont need to file separate suit, you can file application under order 39 ruke 1 & 2 Against Plaintiff for temporary injunction. and also file counter claim
Querist :
Anonymous
(Querist) 04 April 2018
1. Thanks to both the Advocates, particularly to Adv Vikas.
2. If I file an application under Order 39, Rule 1 & 2, will I be exempt from paying 'Court Fee', because I am only asking the Court to restrain the Plaintiff from certain acts and I am not asking for possession of that disputed property. [Please refer Section 6 (iv) (j) of the Maharashtra Court Fee Act, 1959, as the subject matter in dispute is not susceptible for monetary evaluation]. Please pardon all errors as I am not an advocate.
3. Can I request Adv Vikas Hedau for his contact details?
Thanks in advance.
P. Venu
(Expert) 04 April 2018
No court fee is payable for an inerim application, but a counterclaim requires that court fee be paid.
Vikas Hedau
(Expert) 04 April 2018
Yes Mr P.Venu is right. but one more thing order 39 rule 1 and 2 can be filed against plaintiff also without filing counterclaim
Dr J C Vashista
(Expert) 05 April 2018
If you are seeking obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform.
No reply for an "anonymous" author.
Querist :
Anonymous
(Querist) 05 April 2018
Sorry, I missed the rules of the portal. Can someone please guide me about the payment mode etc., for an anonymous query. Thanks.
P. Venu
(Expert) 05 April 2018
There are no charges payable. We, who are privileged or rather fortunate to be recognised as "Experts" are only trying to share knowledge and thus integrate and update our limited knowledge of LAW and its nuances.
