Frivolous suit for Injunction-Remedy?
The plaintiff files a totally frivolous suit for Injunction against the defendant praying the Court to restrain the defendant from disturbing the plaintiff or dispossessing him from his property. The fact is that the defendant was never and even now is not in the possession of the said property. The defendant files an application under Order7, Rule 11 for dismissal of suit for want of cause of action. The plaintiff is not arguing the application!
Can the defendant pray to the court to appoint a commissioner and get the factual position and decide the O7, R11 application on the basis of the commissioner’s report and dismiss the suit forthwith?
What is the best remedy in such a situation?
