My brother has filed LE suit in Small Cause Court in Mumbai.(against me and my family)
The suit premises (residential) is not in his name . It is major part in a partition suit where one of the issue mentioned is " whether brother proves that this suit premises belongs to him"
I am a party in the partion suit but my my wife and sons (one is minor) are not parties in partition suit.
Can I get the suit dismissed / stayed? . If so ,under whixh section? I
The LE suit has obviously been filed to harras me financially and make me spend money which I cannot afford.
The suit was filed in November 2009 and I have filed for stay but I have not yet filed my written statement. The reason was my lawyer who has returned the papers had given me to understand that he had filed for stay, it was not necessary to file written statement at this stage.
Am I in serious trouble? Will the Judge pass exparte order in brothers favor?
How do I get out of this mess?
Harrassment includes physical / mental /financial. Goondas have been brought home and have been removed by police at late night . but no action taken against brothers as they have got influential contacs who have bee fooled into helping them. Some contacts, I have met. They have apologized and have backed out saying they did not know the truth ; but they do not want to get involved further and undo the damage they have inadvertently done.
We are suffering and there is daily harrassment.
