order39 rule4 cpc
M Ravinder Babu Advocate Parka
(Querist) 20 July 2010
This query is : Resolved
HELO SIR,
Ex party ad intrim injunction orders passed .Except third party affidavit all documents supplied to respondent .Respondent filed petition to vacate I.A. for want of non compling affidavit and list of document
what is the remedy , cAN IA.OUT.Please furnish with latest citations only
RAVINDERBABUMRB@YAHOO.COM
s.subramanian
(Expert) 20 July 2010
Dear Bro.R.Babu,
Or 39 Rule 3 of cpc comtemplates the furnishing of documents relied on by the court for graanting ex parte injunction. third party affidavit is not a document in the eye of law.like wise of list of documents is also not a document at all. hence non furnishing of these cannot militate against your client in any manner. it will be a futile exercise only to file such application under order 39 rule 4. you have properly complied with order 39 rule 3 cpc.
Y V Vishweshwar Rao
(Expert) 22 July 2010
I agree with Mr S Subramnaian and furhter add that the material docuemtns relied up on shall be furnished to the other party -
Y V Vishweshwar Rao
(Expert) 22 July 2010
I refer -1993(3)Delhi SCC 161 - Shiva Kumar Chadha v/s Mpl Corp Delhi.
Y V Vishweshwar Rao
(Expert) 22 July 2010
1996(4) ALT 483 Nikesh v/s Malathi Bai is not applicable in your case as you have furnished material docuemtns . one or two which are not material if not furnsihed , no adverse situation.
Y V Vishweshwar Rao
(Expert) 22 July 2010
The other side party appeared - you can now furnish the remaing docuemtns and comply the same for which the orders need not set aside - the order is already granted can be extended after compliance to the satisfaction of the other side Party.
M Ravinder Babu Advocate Parka
(Querist) 02 August 2010
not a perfect citations and details i received can any further proceed
ravinderbabumrb@yahoo.com
LAWERS AT CITATION(LCI-COMMUNITY)
M Ravinder Babu Advocate Parka
(Querist) 09 August 2010
PD DESAI CJ
RAMESHVERDAS VS BRJBHUSAN CIVILREVN 136/87 DT.4.9.87
ORDER39 R4 -ORDERVACATING such orderpassed without notice to person in whose fevourorders passed liable to set aside.
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wher a party is alleged to have knowingly madea FALSE OR MISLEADINGstatementin relation to a meterial perticularin the applicationfor temp.inj.or affidavit in support it.
2000(3) LAW SAMMURY43 SC
HNBL'E JJ KT THOMAS AND RP SETHEI IN VENKATASUBHAYYA NAIDU VS S,CHELLAPAN...........
SITARAM VS RAJ KUMAR BBHAI A.I.R 1959 M.P 275. MAY GIVE SOME IDEA
