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Surajit das   05 December 2021

Period of Injunction

sir,
My lawyer has filed a suit under sec 9 of civil procedure. My first hearing date is 28/02/2021. The lawyer also pray for injunction and gets the temporary injunction upto 05/01/2022 as per lawyer.
My question is if my first hearing date is 28/02/2021 then is it possible that court give temporary injunction upto the date before the first hearing date.
My lawyer also not showing me the order copy of injunction order.
please reply


 5 Replies

Advocate Bhartesh goyal (advocate)     06 December 2021

It seems your lawyer is misguiding you better get inspect court file with help of any lawyer so that you may know reality .

Surajit das   06 December 2021

thank you for your reply. one more thing whether it is mandatory to send copy of injunction order to the plaintiff in the letter head of my lawyer within 24 hours of injunction order?
please sir reply.

Anaita Vas   06 December 2021

Yes, it is mandatory to send copy of injunction order to the plaintiff.

Order XXXIX Rule 3 CPC provides for two mandatory conditions which have to be followed, while sending the relevant documents and pleadings to the opposite party, i.e.,

(a) the pleadings and documents have either to be delivered to the opposite party (obviously envisaging a situation where hand delivery is effected), or

(b) the pleadings and documents have to be sent to the opposite party by registered post.

 

Regards,

Anaita Vas

Dr J C Vashista (Lawyer)     07 December 2021

If the injunction order was passed in the absence of defendant under the provisions of order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 i.e., before issuance of notice to the other party it is compulsory to inform them, 

However, are you sure your lawyer has filed suit under section 9 of Civil Procedure, as stated by you, which reads as under:

CPC Section 9. Courts to try all civil suits unless barred.

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

1[Explanation I].- A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

2[Explanation ll].- For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.].

Prima facie it is a "time pass" topic for debate.

Surajit das   07 December 2021

yes sir my lawyer has filed suit under sec 9 of cpc.
and thank you for your valuable explanation.
One more thing I want to ask. sir in my case partition already done by will and the plan has been registered under BLRO office. based on the valuation of property it should have been filed under senior division with court fee as I heard. but my lawyer has filed under junior division without fee under sec 9. when I asked he said as your partition has already done with plan it is not required to pay court fee. Whether this will affect my case or my lawyer is doing right thing.
please reply.
and also thank you anaita mam

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