Fate of ia's when suit decreed and counterclaim dismissed

jains (Querist) 03 February 2019 This query is : Resolved
Plaintiff filed suit for injunction restraining defendants from destroying boundaries. Defendants filed counter claim for boundary fixation. suit listed for trail. Defendant filed advance petition and filed petition to set aside the survey commission report. Advanced to the date on which it is posted for trial, suit decreed and counterclaim dismissed as defendant absent for evidence. The same day the IA's to set aside the survey commission report also dismissed. May the defendant file CMA against the order in the IA. Or else to wait until the suit and counter claim berestored and then file CMA petition. What is the correct way ?

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Dr J C Vashista (Expert) 04 February 2019
The facts posted are vague, however, it would be better to consult a local prudent lawyer for proper appreciation of facts/ documents and guidance.

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