Return of interlocutory application after hearing and reserved for orders
pvvgopalakrishnamurthy
(Querist) 25 January 2016
This query is : Resolved
i have a query. please answer anu one...
i have filed s suit for permanent injunction, notices were served on other side, the defendant has made his appearance through his advoate, after one and half of year without offering any explanation he submitted his written statement, i objected it, the court accepted the same even without any explanation in writing or orally. the i filed an application eschew the same from record. in IA, other side filed his counter and after inquiry and hearing the IA was reserved for orders. when i am anticipating orders, the learned judge was pleased to returned the said IA saying the same is not maintainable and ultimately terminated the entire interlocutory application, is it justifiable.........please answer and how to defend the same before high court.....................
rajagopal.s
(Expert) 25 January 2016
Hi
A written statement should have been submitted with in 30 days from the date of defendant entering appearance.
You can file a case in appeal court (not necessary the high court) depending on where is OS is filed through a CMA. Please do contact me for support at 9704772200 or rajgopal@legalwin.in
P. Venu
(Expert) 26 January 2016
It is the fact that the written statement is allowed to be filed and taken on record even after the specified time limit.
Rajendra K Goyal
(Expert) 26 January 2016
If not satisfied with the orders, move for appeal.
