kaya (manager) 11 August 2012

Civil case injection

dear sirs,

please clarify civil suits for injection for not to vacate the house filed in the civil court on march 2012. the same court given registered no. but the for hearing the summons till not delivered to opposite party even after mentioned correct addres. for your information we are in small town away from chennai 400 kms.

court casefiled near our places at magistrate court nagapattinam.

is there any problem to conduct the case even after taking five months notice not surved by the court..

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surjit singh (Assistant) 11 August 2012

Court can grant injunction where the court think that the object of granting injunction will be defeated by the delay, the court may grant injunctin by recording the reason for not giving notice to the opposite party. It is reflected in Order 39 Rule 3 and 3-A. of the Code of Civil Procedure.

For seeking such unjunction you can file an application for waiving the pre service of notice on the opposite with an undertaking to service the notice immediately.