SUIT FOR PERMANENT INJUNCTION ~ Balochistan Law Forum

SUIT FOR PERMANENT INJUNCTION

Q. Draft a plaint in a suit for permanent injunction? A. Draft a Written Statement on behalf of defendant in the above suit?

PLAINT

IN THE COURT OF SENIOR CIVIL JUDGE,___________________

____________________ S/O ______________________ R/O _____________________________

District_____________________________

Plaintiff

VERSUS

____________________ S/O ______________________R/O __________________________________

District____________________________

Defendant

SUIT FOR PERMANENT INJUNCTION

It is respectfully submitted as under,

1. That the plaintiff is an owner-in-possession of a house situated at ____________________________. The copy of the ownership document is attached with this suit.

2. That the plaintiff is entitled to a right of way from and to the said house for himself, his family members, relatives and servants etc and similar is the right of plaintiff for his vehicle at all times of the year on the field belonging to the Defendant which is adjacent to the house of the plaintiff.

3. On 13th day of October, 2006, the defendant wrongfully obstructed (block up) the said way by building wire-enclosure thereon and refused to permit the plaintiff to proceed to his house by passing over the said field.

4. That the plaintiff has been continuously enjoying the said right for more than 20 years passed without any obstruction from the defendant, therefore, the plaintiff has acquired a full right of easement of passing over the field.

5. That the said act of the defendant is wrongful, without any lawful authority and illegal.

6. That the cause of action arose against the defendant on 13th October 2006, when the defendant flatly refused to let the plaintiff passing over the disputed field.

7. That since the plaintiff and defendant reside at ____________________ and violations of easement right of the plaintiff has occurred in ____________________ and disputed field is situated in Lahore, therefore civil Courts of ____________________ have the jurisdiction to try this suit.

8. That the valuation of the suit for the purposes of court fee and jurisdiction is Rs. 4000/- therefore, no Court fee has to be affixed on this plaint.

In view of the above it is respectfully prayed as under,

=> PRAYERS:

I. PERMANENT INJUNCTIONS:

i. A decree may kindly be passed in favour of the plaintiff and against the defendant restraining the defendant from obstructing the plaintiff, his family members etc and also his vehicles from passing over the said field of and from the plaintiffs house and all times of the year.

II. MANDATORY INJUNCTIONS:

i. The plaintiff may also be ordered through this decree to remove the wire from the disputed fields.

Ii. Heavy costs may also be awarded to the plaintiff.

iii. Any other relief deemed possible by this Honorable Court may also be granted to the plaintiff.

Plaintiff

THROUGH COUNSEL,

_________________________________

=> VERIFICATION:

Verified on Oath at ___________________ _ on this 20th day of October 2006 that the paras 1 to 5 are correct and remaining paras 6 to 8 are true according to my belief and knowledge.

Plaintiff

(WRITTEN STATEMENT)

IN THE COURT OF,________________________

In Re: _____________________________ VERSUS _______________________________

(SUIT FOR PERMANENT INJUNCTION)

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT:

It is respectfully submitted as under,

1. Admitted

2. Denied: The defendant is the owner-in-possession of the said field and cultivated this land for his financial purposes. This field is the only source of income for the defendant. The plaintiff and his relatives and servants use to destroy the cultivations with irresponsible manner. Also the vehicles of the plaintiff use to destroy the crops of the field.

3. Admitted: The plaintiff has no right to pass over the field because the defendant owns the field and he has cultivated the field for his income purposes and as mentioned above the behavior of the plaintiff etc is irresponsible. Therefore, this act of obstructing way was necessary for the defendant to save his crops cultivated in the field.

4. Denied: This field is not an open field. It is owned by the defendant therefore, mere passing over the field for 20 years does not create an easement right for the plaintiff.

5. Denied: Nothing unjustified and illegal has been done by the defendant.

6. Legal

7. Legal

8. Legal

In Flew of the above it is respectfully prayed as under,

=> PRAYERS:

I. This suit may kindly be dismissed.

II. Heavy costs may also be awarded to the defendant.

III. Any other relief deemed possible by this Honorable Court may also be granted.

Defendant

THROUGH COUNSEL,

_________________________________

=> VERIFICATION:

Verified on Oath at ___________________ on this 7th day of December, 2006 that the contents of this written statement are true according to my belief and knowledge.

Defendant

QUESTION-NO-12