Ram Nath Suraj Singh Rishi Kum vs N.D.M.C & Anr. on 23 October, 2008
6. The defendant has been filed written statement/reply. It is replied that suit of the
plaintiff not maintainable as the plaintiff has not approached the court with clean hands and
concealed the material facts and the suit of the plaintiff is liable to be dismissed. It is further
replied by the defendants that the present suit has been filed by the plaintiff without accruing
any cause of action in his favour and failed to specify any cause of action in his favour hence,
Sh. Suraj Singh Vs. N.D.M.C & others ( Suit No:138/10)
Page 3 of 15
the suit is liable to be rejected in view of the provisions of oder VII rule 11 of CPC. It is
replied by the defendant that the suit of plaintiff is not maintainable either under equity or under
the law of land as the claim of the plaintiff is to be considered by Vending Committee and the
suit is badly vitiated by suppression of material facts and stating of false facts, incorrect and
misleading contentions without any documentary evidence, hence suit is liable to be dismissed.
It is stated by the defendant that the present suit has been filed by the plaintiff on the basis of
manipulated facts in order to encroach upon the public land. It is also replied by the defendant
that the contents of the plaint are wrong, false and denied in totality.