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Sjksjksjks (proprietor)     28 May 2011

admissions of breach

Sir,

In Civil Court in M.A. U/O. 39 Rule 2A, the Res. submitted that the suit property has been transferred to third persons by his brother while the status quo order was inforce and still in force.

 

Is it not  admission that the breach of order committed ?

 

The fact of such admisiion was well noted by the court itself.

 

In spite of oral submission by the appellant to appint court receiver in such circumstances the Court has adjourned the matter by saying that it will take some time to prove that the breach was committed by the respondent and adjourned the matter for the appellant to prove her case and lead evidence. 

 

What should I do to stop further breach by third parties to fourth parties ....fifth parties, etc.

 

Guide.



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 May 2011

When there is an admission court could have taken the action for breach of injunction order. But it is necessary to lead  evidence of the appellent  on an application 39 r 2.  So proceed with the case and lead appellant's evidence.


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