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Raju Varghese   12 January 2022

an injuction suit filed in vacation court

an injunction suit filed in vacation court. injunction granted and transferred to concerned court. on verification territorial jurisdiction shown as incorrect by counsel.
what is the procedure for amending the unnumbered plaint.


Learning

 5 Replies

Dr J C Vashista (Lawyer)     13 January 2022

What is your locus standi / concern qua the suit ?

Is it possible that a court (vacation or regular) shall grant injuction without territorial jurisdiction and without registration (numbering) ? Unbelievable.

SHIRISH PAWAR, 7738990900 (Advocate)     13 January 2022

Hello,

Injuction by vacation court and without jurisdiction. Really unbelivable. 

As per me, jurisdiction cannot be amended. 

P. Venu (Advocate)     13 January 2022

What is the error in territrial jurisdiction?

Dr J C Vashista (Lawyer)     14 January 2022

Time pass query

Megha   16 January 2022

Hi,

As per Rule 17 of Order VI of the Civil Procedure Code, 1909 (CPC), that no application for amendment is to be allowed after commencement of a trial, unless theCourt comes to the conclusion that despite due diligence, parties could not raise the matter before commencement of the trial.

However, the consideration in a suit is determination of the jurisdiction of the court.  Only one the jurisdiction has been established, will the court proceed with the matter for trail and adjudication.

Given the above,request you to kindly check and post the facts accurately, for better redressal of the query.

Best regards,
Megha


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