Srinivas (Director) 03 August 2010
How does one bring to the notice of the court events that happen during pendency of suit?
Typical examples are if there is encroachment on property while suit is pending. Sublet to tenant, demolition or construction activity, mortgage, etc
Filing amendment seems to only further delay the proceedings. This is especially the case when the suit is further into the trial process.
thanks
adv. rajeev ( rajoo ) (practicing advocate) 03 August 2010
except amendment of plaint there is no other way. The only recaustionary measures you will have to file an application u/o 39 r 1 & 2
Srinivas (Director) 03 August 2010
Rajeev,
Thanks for the reply. I guess injunctions are great for immediate/temporary relief.
If issues are already framed in the suit, the final decree will/may not provide a permanent remedy for events that occur during pendancy of suit.
I am wondering if it is possible to request framing of additional issues by way of an I.A during the process of the suit. Of course there will not be any pleadings (without amendment) but facts will be pleaded in the I.A.
Srinivas
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