Please explain
Querist :
Anonymous
(Querist) 23 July 2020
This query is : Resolved
Ex-parte T.I order in force till next date of hearing . plaintiffs shall comply Order 39 Rule 3(a) of CPC
Dr J C Vashista
(Expert) 26 July 2020
What is the problem/ issue / difficulty in complaince of the provisions of Order XXXIX Rule 3 CPC as directed by the Court qua intimation to defendant and filing affidavit of plaintiff in the concerned Court to that effect?
Querist :
Anonymous
(Querist) 26 July 2020
in sy.no. 88, there is 15 acre 11 guntas and it was devided with all other family members including us and there a 8 feet cart track to all the shares, but of the neighbour is obstructing the way for us to pass through his land. so filed a case against him and got the order like above from court.
Rajendra K Goyal
(Expert) 27 July 2020
ORDER 39, RULE 3 CPC
The Court shall in all case, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party:
Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant-
(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with-
(i) a copy of the affidavit filed in support of the application;
(ii) a copy of the plaint; and
(iii) copies of documents on which the applicant relies, and
(b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent.
Querist :
Anonymous
(Querist) 28 July 2020
is it possible to file a case against plaintiff from defendant?
Querist :
Anonymous
(Querist) 28 July 2020
is it possible to file a case against T.I?
Rajendra K Goyal
(Expert) 28 July 2020
Please state clear material facts of the problem if any. No view can be formed on the basis of given information.
