jurisdiction
Pardeep Kumar
(Querist) 28 October 2013
This query is : Resolved
R/sir,
When court dispose of interim application with finding that court has no jurisdiction and vacate interim stay. Now my quarry is that court can dismiss the main suit before framing prelim Issues
Thanks
ajay sethi
(Expert) 28 October 2013
suit has become infructous . no interim reliefs are granted as court does not have jurisdiction . even if suit reaches final hearing after many years you wont get any relief
Rajendra K Goyal
(Expert) 28 October 2013
Agree with expert ajay sethi ji, nothing more to add.
Advocate Bhartesh goyal
(Expert) 28 October 2013
The court will not dismiss the suit but will return to you to present the same before the court having jurisdiction to try the case.
Raj Kumar Makkad
(Expert) 29 October 2013
If court has vacated the interim stay order on the basis of having no jurisdiction then such order is erroneous and illegal as the court might have passed the order returning the plaint to the plaintiff.