Vacation of injunctoin by defendant !
Ramesh
(Querist) 04 April 2012
This query is : Resolved
Dear experts of the Forum,
In a partition suit, court had given INJUNCTION order enforceable till further orders.The defendant filed a petition for vacation of the same, in the month of November 3rd week of 2011. But not ready for the arguments, every time the defendant Lawyer asking for time( he had taken FOUR adjournments till now). What should i do; Under these circumstances what are the options available to me? I am asking this question because, the defendant pressurising me (through relatives and other means)to close the case!
Thanking YOU ALL, in advance expecting a quick reply/solution, PLEASE!
Adv.R.P.Chugh
(Expert) 04 April 2012
The General Rule (though not entirely inflexible O.17 CPC) that in a civil suit not more than 3 adjournments should be granted. The Court can extend for sufficient reasons to be recorded in writing and after imposing realistic costs. The Court seems to be granting them as a matter of course which is wrong. Oppose adjournment vehemently the next time - bring the arm-twisting tactics before the court.
ajay sethi
(Expert) 04 April 2012
request court not to grant further adjournments. impose costs on defendant . give last chance for arguments
SAINATH DEVALLA
(Expert) 04 April 2012
Dear Ramesh,
Is the court levying costs in every adj's.Next hearing oppose strongly as they are wantedly dragging the case,wasating the valuable time of the court.
Sankaranarayanan
(Expert) 04 April 2012
Yes ask the court to refuse further adjournment by the tactful explanation
Ramesh
(Querist) 04 April 2012
Dear Experts,
Thank YOU ALL for prompt reply.
Court not levied any cost till now,as suggested by you ALL, now i force my Lawyer to insists on levying costs and further not to entertain further adjournment.
