Enquiry on ias
(Querist) 28 February 2023
This query is : Resolved
Respected learned lawyers,
An Appeal suit on Civil matter has been filed before the District Court. In order to drag on the suit, I.As one after the other are being filed on flimsy grounds. My question is whether the court can take the IAs for enquiry one after the other or can it take two / three IAs at a time ?
The second question is when a few respondents have been set aside as ex-parte, can the Notice of Hearing be submitted to them while submitting an I.A. ?
Thanks & Regards
J K Agrawal
(Expert) 26 May 2023
Every one is free to file as many IA as possible, but at the same time if an IA is without reasonable justification, the Court may impose heavy cost on filing of frivolous application.
The court can hear decide one by one or all IA at a time.
Notice to all respondent necessary, may be exparte already. (the short cut is to furnish copy in advance, to present defendants) but court may order to serve copy to others also.