• Notice and false suit

My aunt filed a suit against my father and grandfather in 2006 for declaration, partition and injunction of property. after demise of my grandfather in 2009, court asked petitioner to add other members of family as LR. Since then the petitioner has not served notices to other defendant for several years and recently she is sending notices to wrong address therby keeping suit pending. In 2017 she filed another suit under o39r2a based on miquoting court orders and impleading myself and several other members which were not party to original partition/injunction suit. I have filed application for deletion of parties and quashing of proceedings but the petitioner lawyer is not submitting reply for past 7-10 months. 
Sadly even court ask her to submit reply and serve notice to defendant but is not taking any appropriate action in this matter and the suit is already pending for past 11 years. 
I am getting harassed due to false case against me.
My question is:- 
1. Is there any remedy where i can file application to reject suit against pending defendant and proceed case against available defendant.
2. Is there any remedy where i can file application to close reply to pending application.
3. I am personally appearing in court for past 1 year (court has not asked me to do so) and i know mere verbal request or even application might not help my cause. Is there any hope where i can get appropriate orders from the high court. Can high court instruct the trial court to close the summon proceedings?
Asked 7 months ago in Civil Law from Jaipur, Rajasthan

1. Once you are impleaded party in main suit you can file an application for order 7 rule 11 to reject the suit.

2. The pending application of order 39 rule 2 shall be heard on merits by court and disposed.

3. See in the civil.court proceeding at this stage it won't be appropriate to go high court though you can take order to expedite the suit but it is not advisable to do so.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

1) your personal presence is not necessary on each date 

 

2) sufficient that you are represented by your lawyer 

 

3) you can draw attention of trial court to fact that although grand father died serval years back till date legal representatives have not been brought on record 

 

4) seek imposition of costs 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Dear client, 

Few issues arise due to incompetence of hired advocate. You should change an advocate. And if any interim stay than file application to vacate stay than pendency of suit has no complications. Further non filling reply to application, court will close there reply. Press court .

Presice can be advise on perusal of court file and passed orders.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

The power to dismiss the suit or not , invest with the court so move an application because the applicant is not taking interest in the suit and she has lost the interest by not complying the court's order for such a long time.

Koshal Kumar Vatsa
Advocate, Gurgaon
1777 Answers
1 Consultation

5.0 on 5.0

Hi,

If the plaintiff is not taking proper steps as per the instructions of the court, the court may pass suitable orders for quashing of the case. You may file the application under section 151 CPC for dismissal of the case.  

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

You can file a petition in HC for directions to the defendant and lower court.

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been troubled and harassed for no fault at your end.
  2. They might be doing it intentionally to delay the proceedings before he court of law.
  3. I would advice you to file Writ petition in nature of Mandamus under article 226 of our Constitution read with section 151 of CPC before Hon’ble High Court seeking immediate relief for expeditious conclusion of the pending application without any delay and also a order for the compliance of all pending reply or deletion etc on expeditious basis.

Rest, if you wish then I can search some good case laws for you which might help you in getting relief from the Hon’ble high Court.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

1. You can file a petition seeking to reject the plaint provided you have been impleaded as a party to the suit.

2. You may have to approach high court seeking direction for speedy disposal or expeditious trial..

3. Read the above answer.

 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Hi. You can challenge the order rejecting your application to dismiss the suit in the High Court or the appropriate court according to your case. And even if the suit is not dismissed the higher court will expedite your suit taking note of your unnecessary harassment.

Akshay Uttam Chikhale
Advocate, Pune
4 Answers

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