Civil suit for permanent prohibitory injunction…

The sample draft of plaint for a civil suit seeking permanent prohibitory injunction to restrain unlawful interference, dispossession, or demolition of a property in possession of the plaintiff. It is useful where government authorities or third parties attempt to interfere without due process of law, despite the plaintiff’s settled and peaceful possession. The format reflects the essential ingredients of injunction suits under the Code of Civil Procedure and settled principles of law.

       A SAMPLE FORMAT FOR CIVIL SUIT FOR PERMANENT PROHIBITORY INJUNCTION

IN THE COURT OF CIVIL JUDGE AT __________

Civil Suit No. _____ of 20__

Plaintiff

…Plaintiff

     Versus

Defendants

…Defendants

 

SUIT FOR PERMANENT PROHIBITORY INJUNCTION

For restraining the defendants from interfering in any manner whatsoever with the peaceful possession of the plaintiff over the property bearing No. __________, situated at ______________________, more particularly shown in the site plan and photographs, except in due course of law.

 

RESPECTFULLY SHOWETH:

1. That the plaintiff is a resident of ______________________.
2. That the plaintiff is presently working as ______________________ with ______________________ department.
3. That in the month of __________, the State of __________ / concerned department allowed the plaintiff to occupy the suit land and raise construction thereon for residential purposes. Acting upon the said permission, the plaintiff constructed a residential shed/house after spending his hard-earned money and has been residing there ever since.
4. That the plaintiff is in peaceful, open, continuous, and settled possession of the suit property for the last more than ____ years to the knowledge of the defendants and the general public. The possession of the plaintiff has never been disturbed or disputed till date.
5. That the plaintiff’s possession has been recognized by the concerned authorities, and various documents such as __________, __________, and residential records stand in the name of the plaintiff at the said address. The names of the plaintiff and his family members also appear in the ward records/voter list of the said area.
6. That no show-cause notice, eviction order, or proceedings have ever been initiated against the plaintiff by any competent authority or court of law.
7. That on __________, certain officials of the __________ department visited the suit property and illegally threatened to dispossess the plaintiff and demolish the residential structure without any written order or authority of law.
8. That the defendants have no legal right, title, or authority to dispossess the plaintiff except by following due process of law. The plaintiff has a prima facie case, the balance of convenience lies in his favour, and in case of dispossession, the plaintiff shall suffer irreparable loss and injury which cannot be compensated in terms of money.
9. That several similarly situated persons have constructed residential houses on adjoining land belonging to the same department/government, and no eviction proceedings have been initiated against them. The threatened action against the plaintiff is arbitrary, illegal, discriminatory, and malafide.
10. That the cause of action arose on __________ when the defendants threatened the plaintiff with illegal dispossession and continues to subsist.
11. That this Hon’ble Court has territorial and pecuniary jurisdiction to try and entertain the present suit.
12. That the suit is within limitation.
13. That the suit is valued for the purposes of court fee and jurisdiction at Rs. _________, on which the requisite court fee has been affixed.

 

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

1. a) Pass a decree of permanent prohibitory injunction restraining the defendants, their officials, agents, or anyone acting on their behalf from interfering with or dispossessing the plaintiff from the suit property except in due course of law;
2. b) Grant any other relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

 

    Place: __________
    Dated: __________

                                                                                                                                        Plaintiff
Through Counsel

                                                  Advocate