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Phil (Executive)     17 February 2010

Injunction proceedings

Is there any stipulated time in the CPC for disposing off a Interim injunction petition.

Since last 7 months the petitioner is not attending the adjourmnents at the initial trial stage. Any sec or order in CPC.


Pl help.

Thanks Phil!



Learning

 5 Replies

Suryanarayana Tangirala (Advocate)     01 April 2010

C.P.C contemplates 30days time to dispose of such petitions,normally that wont happen in court u can insist for hearing on the said petition

Devajyoti Barman (Advocate)     02 April 2010

There is no time limit for hearing of such petition, but urgency in the matter and to restrain miscarriage of justice it should be heard expeditiously. File a petition in that regard other wise the High Court may be moved to intervene in this matter.

Suryanarayana Tangirala (Advocate)     02 April 2010

Order 39 Rule 3-A of C.PC. Court to dispose of application for Injunction within thirty days:-

Where an injuction has been granted without giving notice to opposite party,the court shall make an endeavour to finally dispose of the application within thirty days frm the date on which the injunction was granted and where it is unable so to do,it shall record it reasons for such inability.

Suryanarayana Tangirala (Advocate)     02 April 2010

Kindly check for high court amendments in c.p.c (I am not aware of which state u belong to)

Gundlapallis (Advocate)     03 April 2010

Mr. Suryanarayana is right - insist or take it to the notice of High court.


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