suit for t. i. and p.i.
uday galbale
(Querist) 15 February 2014
This query is : Resolved
the forest division has sent a letter to the enchroacher to remain aloof from the forest land where the party is tilling there by enchroaching upon that land since 15 years... in that situation the party wants to bring the suit for TI and PI then whether a party required to give a notice u/d 80 cpc or not... and which court has jurisdiction to try the suit.... please suggest me the solution.... thanking you...
Devajyoti Barman
(Expert) 16 February 2014
Yes, giving notice u/s 80 IPC is mandatory here.
prabhakar singh
(Expert) 16 February 2014
Read U/S 80 CPC as IPC is typo error by mr. barman!
Anirudh
(Expert) 16 February 2014
In the given case you are not required to serve any notice u/s. 80 CPC. Further more, as a matter of abundant precaution, you can file an I.A. along with the suit, seeking exemption from serving a Sec. 80 CPC notice, in view of the urgency in the matter. The Court will definitely grant the exemption application.
V R SHROFF
(Expert) 16 February 2014
can file suit w/o 80 cpc, showing urgency. It is allowed.
uday galbale
(Querist) 16 February 2014
respected sir will you suggest please... which court will have the jurisdiction to try the suit... i mean to ask a senior division or cjjd.
uday galbale
(Querist) 16 February 2014
respected sir will you suggest please... which court will have the jurisdiction to try the suit... i mean to ask a senior division or cjjd.
Prithvi Raj Sikka
(Expert) 17 February 2014
You can file writ petition impleading government as party and encroachers thereby seeking directions to remove the encroaches from forest land.
prithvi raj sikka Advocate
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
Notice u/s 80 CPC is must before filing a suit against the government and it can be filed before a civil court.
