Cpc order 39 rule a

srinivas (Querist) 26 August 2013 This query is : Resolved
one of the Lawyer for Shimoga ,Karnataka Filed a case against me takes ExParte Injunction order and in Compliance under Order 39 rule 3A send only one IA copy without his letter head or next date of Hearing without a copy of Plaint affidavit nor list of document or copies of document . I have filed objections and written statement praying the Hon'ble to dismiss the plaint as plaintiff counsel has not complying order 39 rule 3A. The Presiding officer in-spite of filling Protest memo allows injunction order to continue till next date of hearing. The Plaintiff lawyers says they only send IA copy and that is the practice in Shimoga , Karnataka order 39 rule 3A complaisance. Nowhere in other parts of Karnataka such practice seen or heard. as any one you knows such practice followed . Please advise

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Devajyoti Barman (Expert) 26 August 2013
Whatever be the practice, you can always the challenge the order of lower court in higher court.

Rajendra K Goyal (Expert) 26 August 2013
Practice is not law. You can challenge the order in higher court.

prabhakar singh (Expert) 26 August 2013
Compliance is necessary.File an application
for rejection of injunction order, if granted exparte.

Raj Kumar Makkad (Expert) 27 August 2013
You can challenge the order passed against you as per advice of your lawyer.

srinivas (Querist) 03 September 2013
Thank you every one for your advice

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