My advocate filed a suit praying for repayment of loan based upon a paper agreement and deposit of title deeds by a borrower but both were not registered by me. My advocate also filed a TI asking for injunction on sale of the property by my borrower until disposition of the suit but in the main suit he only asked for repayment of monies loaned. The other lawyer argued that for a Temporary Injunction application, the same prayers must also be asked for in the main suit. But my lawyer is saying that for a recovery suit based upon collaterized loan, permanent injunction from selling the mortgaged property need not be pleaded in the main suit for it to be pleaded in the TI application.
I am really confused if my lawyer had made a mistake.
Also, another question: There was another property that the borrower had mortgaged but without depositing the title deed. He signed on a simple stamp paper that he was providing that property as collateral and also accepted, in writing, on that same stamp paper, to waive the requirement of registration. My advocate is saying that I made a mistake by accepting the waiver, even though it was in writing on a stamp paper. I should have registered the agreement as it is mandatory to do so under the Registration Act. Is this true?
