B contends that A owes some money to B, but A denies. B starts telephoning A again and again and disturb his privacy. A serves a legal notice on B but B does not relent so A files a Civil suit for restrain against B & requests the court to restrain B from telephoning A again & again.
The summons are duly served on B but he does not appear to contest or deny. A gives to the Court the details of the calls with date and time
The court makes order of ex parte proceedings
A (the plaintiff) leads evidence by means of affidavit on oath
However the Court dismisses the plaint of A and refuses to restrain B from making telephonic calls to A mainly on 2 grounds
(i)That A has not filed any FIR against B
(ii)Relying on Section 41(F) of the Specific Reliefs Act
Section 41. Injunction when refused
An injunction cannot be granted. -
(f) To prevent, on the ground of nuisance, an act of which it is not reasonably clear that It will be a nuisance;
My Queries:
1.Is intruding the privacy of some one by telephoning him again and again against his desire not a nuisance?
2.What is the remedy available to the plaintiff in the above mater against the judgment of the trial court?
3.Can A sue B for damages harassment ?
4.What Civil Remedy is available to A against B?
ashokkumar@calibreplacements.com
