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citations on maintainability of suit of permanent injunction (Civil Law)

This query is : Resolved

Author : J.Satyamurthy

PRO CHAT CALL

Posted On 14 October 2008 at 21:42

Sir,Facts of the case.Plaintiffs filed a suit for Suit for permanent injunction on open suit land,got contested interim injunction orderin their favour,agrieved by it defendants filed CMA,it was not seriously contested by the plaintiffs,the same is allowed.now my problem before the experts is that-Is still the suit is maintainable for commencement of trail- plz help me in regard with citations

Author : J.Satyamurthy

PRO CHAT CALL

Posted On 14 October 2008 at 21:43

plz help me

Expert : KamalNayanSaxena

PRO CHAT CALL

Posted On 15 October 2008 at 01:07

please post full particulars of your case

Author : J.Satyamurthy

PRO CHAT CALL

Posted On 15 October 2008 at 20:13

Sir,Plaintiffs suit for permanent injunction,interim order vacatated,my question is whether the plaintiffs suit is maintainable-

Author : J.Satyamurthy

PRO CHAT CALL

Posted On 15 October 2008 at 20:26

Interim injunction order is vacated at all levels,That is at jr Civil,District Court,High Court- Now my quesion before the experts is that whether the plaintiffs suit is still maintainable- plz give me the cititations in favour/against

Expert : anonymus

PRO CHAT CALL

Posted On 15 October 2008 at 21:33

Sir, as already stated the interim orders will not act as resjudicata. the suit is still maintianable and will have to be decided on merits based on the oral or documentary evidence. It is not necessary that the suit has to follow the result of the I.A.

Author : J.Satyamurthy

PRO CHAT CALL

Posted On 15 October 2008 at 22:02

Respected mehbub sir,thanks for immediate response,can you plz take further pains in giving me the citations

Expert : Kiran Kumar

PRO CHAT CALL

Posted On 17 October 2008 at 19:04

dear Satyamurthy its a basic law, u need not to quote citations in this regard.

dismissal of interim application does not mean that ur case is not having no merit.

interim applications are decided on the basis of prima facie considerations.

suit is still maintainable and do contest it with the best evidence.

well we ll try to get u few judgments also, wait for some time :-)