Defendant queries solution:
Q-1: Without caveat, whether defendant can oppose the matter in the said court?
Caveat is filed to receive any intimation of lawsuit instituted against him. Even without filing caveat, he has full right to appear and defend his case.
Q-2: If a defendant construct a wall in plaintiff property, What prayer should be made legally to perform other than injunction prayer ?
In addition to the prayer of injunction, a prayer for compensation and loss suffered by the plaintiff shall be made against the defendant. The quantum of loss shall also be submitted along with the lawsuit.
Q-3: Defendant had been declared as an ex parte, later dead. Whether LRS are to be brought on record?
In an ex parte proceedings, LRS have to file an application for setting aside of an ex parte proceedings along with their identity documents to prove themselves as LRS of deceased.
Q-4:If an accused is on bail and fails to appear before court for framing of charges. Can he be arrested ?
If an accused fails to appear in the court and his counsel has not filed an exemption letter, a prayer can be made to the court to cancel his bail and issue non bailable warrants and notice to surety.
Q-5 Can a civil suit transfer to another district on ground of apprehension of defendants to the plaintiffs?
Generally it is not done on the basis of any apprehension. If defendants have attempted a serious crime against plaintiff and F.I.R has been lodged against them, then only an application for transfer of civil suit can be filed in the Honorable High Court.
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