Defendants not properly represented

Querist : Anonymous (Querist) 18 July 2020 This query is : Resolved

In a suit for injunction, what happens if all the defendants are not properly represented?

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Dr J C Vashista (Expert) 19 July 2020
Which injunction e.g. ad-interim, permanent, mandatory, perpetual etc. is sought by you?
Whether you have sought the injunction "ex-parte" or otherwise "after notice" ?

Sudhir Kumar, Advocate (Expert) 19 July 2020
liable to be dismissed due to disjointed/non-joinder

Hemant Agarwal (Expert) 19 July 2020
1. Defendants who are not joined (deliberately /inadvertently /whatever....) in the Petition, shall remain absolved .OR. not affected by injunction order .AND. will have right to oppose such order .... thus jinxing the objective behind injunction proceedings.

2. IF Defendants were joined BUT counsel did not represent defendants, despite notices, THEN ex-parte injunction order will be deemed to be effective, without any further reference to the defendants. However defendants rights to legally proceed further shall remain intact.

Keep Smiling .... Hemant Agarwal
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