Surajit das 05 December 2021
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
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.
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