Civilsuit

sk.......... (Querist) 06 May 2013 This query is : Resolved
In civil suit ,for mandatory injunction plaintiff is not proceeding with case even after 3 yrs,not filing evidence so what the defendant should do pl. advice

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prabhakar singh (Expert) 06 May 2013
Move an application to vacate the injunction order.Take help of this judgement by supreme court:Ramrameshwari Devi and Ors. Vs. Nirmala Devi and Ors.
by Dalveer Bhandari, J.

you would need to rationalize it in your own context of the case.

Devajyoti Barman (Expert) 06 May 2013
Why are you in so much hurry, you are defendant only and if there is no interim order then let the case drag on.

R.K Nanda (Expert) 06 May 2013
pray to court to fix case for evidence.

Raj Kumar Makkad (Expert) 07 May 2013
Only 3 chances are provided these days to either of the parties to conclude its evidence so get those chances exhausted by plaintiff and then move ahead.

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