Suit for declaration between legal heirs & against vendee

Querist : Anonymous (Querist) 08 September 2011 This query is : Resolved
DEAR SIR
IN A SUIT FOR DECLARATION PLAINTIFFS(LEGAL HEIRS) HAVE SUED OTHER LEGAL HEIRS AND ONE VENDEE ON THE PRETEXT THAT THE LAND HAS NOT BEEN TRANFERRED AS PER REGISTERED WILL HENCE THE LAND BE DEVIDED AS WILL AND SALE DEEDS OF THR PORTION OF LAND SOLD TO VENDEE BE DECLARED AS NULL AND VOID.
BUT IN FACT THE LAND HAS BEEN DEVIDED AS REGISTERED WILL AND THE PLAINTIFF IN CONNIVANCE WITH OTHER DEFENDANTS HAVE FILED THE SAID FALSE SUIT.
NOW THE CASE IS FIXED FOR WRITTEN STATEMENT.
PL TELL WHAT SHOULD BE DONE AS PER LAW TO DISMISS THE SUIT AT THIS STAGE.
REGARDS

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ajay sethi (Expert) 08 September 2011
in your written statement you will have to deal with all the facts of the case . you can point out that suit has become infructous as land has been divided as per the wishes of testator . i presume that probate has been obtained.
when the issues are framed you can point out that suit has become infructous . the court may then dismiss the suit if it is ot the opinion that nothing survives in the case .

Raj Kumar Makkad (Expert) 08 September 2011
There is no law to get the suit dismissed at this stage because suit is false. Until and unless a suit mentions due cause of action and it meets the proper format.

prabhakar singh (Expert) 09 September 2011
No, the suit can be dismissed without trail.

As regards to written statement,it is made clear to speak in reply I require COPY plaint without looking into that no W.S can be prepared by a lawyer.
Take personal services of a lawyer.

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