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Vijay Kumar (Advocate)     08 April 2015

Intervention in civil suit

A Civil Suit for Permanent Injunction has been filed in Civil Court against the state Govt. for restraining the Govt. from lowering the level of road for passage of rain water. The plaintiffs falsely pleaded that Govt. simultaneously has planned to construct a drain for drainage of rain water and has acquired land for this purpose. So lowering the road level is unnecessary and wastage of money.

                                    In fact, land acquisition process has been quashed by the High Court.The govt. officials have colluded with the plaintiffs and are silent on this point leave apart bringing it into the notice of  Civil Court.

                               Some public spirited citizens want to intervene in the proceedings. Kindly guide and suggest the modality. Whether the application under O1, Rule 8 A or Rule 10 would be proper? Kindly advise the remedy.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     12 April 2015

In my opinion a petition under Order 1 Rule 8A will be the better option than the other one especially to the given circumstances.  Whom are you going to represent?

Vijay Kumar (Advocate)     12 April 2015

I am to represent the farmers who own agricultural land in adjoining area and who need the road level to be lowered so as to ensure the drainage of rain water.   Whether I should frame the Head note as "Application under Order 1, rule 10 read with Order 1,rule 8A.for......" Thanks and Regards.

T. Kalaiselvan, Advocate (Advocate)     12 April 2015

Yes you are right that the application may be made quoting the relevant provisions of law in question.  A good job for a noble cause, go ahead, let me wish you success.

Vijay Kumar (Advocate)     13 April 2015

Kalaiselvan Sir, Thank you very much for your guidance and encouragement. Regards.


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