What action need to be taken against it
abdulquader053yahoocom
(Querist) 04 February 2015
This query is : Resolved
Hello,
xyz has created fake door number and filed a civil case on it and got ad interm injucntion and defendent has got letter under RTI from municipal authorities that there is no such door number in municipal records what actions can be taken on him and help me with citation
P. Venu
(Expert) 05 February 2015
You can get the interim injunction vacated on the basis of RTI reply. Simple facts do not require any citations.
Devajyoti Barman
(Expert) 05 February 2015
File a vacating petition under 39 rule 4 of cpc to vacate the ad-interim injunction order on the basis of this piece of information.
T. Kalaiselvan, Advocate
(Expert) 05 February 2015
How are you affected to this?, if you have been impleaded as a party and the injunction is operative against you, you may follow the suggestion made by expert Mr. Devajyoti Barman to vacate the same on the grounds you have stated.
Advocate Ravinder
(Expert) 05 February 2015
If the House no is false, you can directly ask the court to dismiss the suit as there is no prima facie case.
V R SHROFF
(Expert) 05 February 2015
mention to court & apply to vacate stay
prabhakar singh
(Expert) 05 February 2015
If an injunction is granted on a numbered house without mentioning the boundary of the house then technically the injunction order is as bogus as the non existing house. Legally it would not operate.
A plaintiff seeking equitable relief,which an injunction is,must come with clean hands,
but he has not come so then on revelation of facts you say us will lead to vacation of order with compensatory costs.
Rajendra K Goyal
(Expert) 06 February 2015
Prey the court to vacate the stay and dismiss the suit on the basis of information received through RTI.
Dr J C Vashista
(Expert) 07 February 2015
I fully agree with the experts.
Apply to get the ad-interim injunction vacated u/o XXXIX R4 CPC and file a separate application u/o VII R11 CPC with copy of municipal letter received in reply to RTI application for rejection/dismissal of the suit being without cause of action against the defendant. You can also claim cost u/s 35A CPC for filing frivolous suit.
