Frivolous Suit For Injunction Filed & Not Pressed
The plaintiff filed a frivolous Civil Suit prying the Court for restraining the defendant from
(i) Selling a property which actually belongs to Defendant but wrongfully claimed to be belonging to the plaintiff by creating some manipulated documents
(ii) Disturbing the plaintiff from the use of the property
The defendant files the Reply in 25 days. After dilly dallying for 6 months & taking dates after dates for filing the rejoinder, the defendant, sensing trouble, tells the court that it wants to “NOT PRESS” the plaint.
The defendant objects and requests the Court to dismiss the plaint with heavy costs as the plaintiff has without any valid reason harassed the defendant who besides in a different city than the one at which the suit was instituted. The case has been posted for orders on next date
Queries
(i) Is the defendant right in making the above request to the Court? What is the remedy if the Court does not impose any costs and just dismisses the petition as “NOT PRESSED”?
(ii) What is the remedy available with the defendant against the plaintiff in such a situation for the harassment caused and the legal expenses incurred?
(iii) Can s suit for damages/harassment/compensation be filed by the defendant against the plaintiff?
