Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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As per which law/act can an incharge court pass an order?

Guest (Querist) 05 November 2017 This query is : Resolved 
Hi!

I had filed an application to the 1st munsif madhubani seeking an ex-parte injunction (order 39 rule 3a) order aginst mukhiya restraining him from carrying our any kind of financial and non financial activity, as he witheld his criminal past and is a government servant. Both these details he witheld from his application filed to contest the application. This is since february 2017 onwards. Case status is admitted notice is served but notice hasn't been received by the party nor has it made any appearance

I filed an application to the munsif who did not pass any order, now the munsif has been transferred, and their is an incharge court which holds all the court records.

I would be filing a fresh application for ex-parte injunction to the incharge court as original application suffers demerit. Lawyers say that incharge court cannot pass any order and i have to wait till the next munsif arrives. So I cannot wait for 5 years for the new munsif to appear.

Now I want the incharge court to pass the ex-parte injunction order, can the incharge court pass the order as my case has merit, but the question is under which law / act is the incharge court authorised to pass such an order.

Please help! If any lawyer from patna or delhi would like to file the suit in Patna high court and obtain the ex-parte injunction order simulatneusly while the suit is pending in madhubani as multiplicity of proceedings does not apply to injunction, are openly welcome.
rajeev sharma (Expert) 06 November 2017
An in-charge court has all the powers of the original court and may pass injunction in the matter transferred to it . Since your suit is pending before lower court of competent jurisdiction you can not file a writ on the same matter in High Court
Rajendra K Goyal (Expert) 06 November 2017
In-charge court can pass orders..
Azhagananth (Expert) 06 November 2017
Incharge court has all the power. you may prefer W.P/C.R.P under section 227 before high court for speedy disposal.
Dr J C Vashista (Expert) 07 November 2017
Order XXXIX Rule 3 CPC do not speak of grant of an ex-parte injunction but intimation to the defendant qua passing of an ex-parte order, recheck with your lawyer or some senior local lawyer (if you are a lawyer-which do not reflect from your statement).
Dr J C Vashista (Expert) 07 November 2017
What is the title and relief claimed in the suit pending before Munsif Madhubani, you did not disclose?
Dr J C Vashista (Expert) 07 November 2017
What is your locus standie to the suit pending in Madhubani district courts?


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