Affidavit

jeetendra patel (Querist) 03 December 2011 This query is : Resolved
DEAR COLLEAGUES,IN ONE CIVIL CASE I AM REPRESENTING DEFENDANT.DURING PENDENCY OF SUIT AFTER FILING OF WRITTEN STATEMENT , THE PLAINTIFF HAS FILED AN APPLICATION FOR INJUNCTION NOT SUPPORTED BY AFFIDAVIT.
MY QUERY IS THAT WHAT ARE THE COSEQUENCES OF NON FILING OFAFFIDAVIT IN SUPPORT OF APPLICATION FOR INJUNCTION?
CAN ANYONE HELP ME OUT WITH RELEVANT CITATION.

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prabhakar singh (Expert) 03 December 2011
Why are you worried? you may file your objection along with affidavit.

In case he does not have documentary proofs,his application found controverted by your affidavit shall be dismissed.But it is not as of right.

M/s. Y-not legal services (Expert) 03 December 2011
affidavit of the petition may be dispensed with by the concern court

its court's discretion. whatever may be you can say your objection in your counter statement.,

Khaleel Ahmed Mohammed (Expert) 03 December 2011
Dear Jeetendra,
Both parties can file petition in support of affidavit for required relief. In your case the Plaintiff has filed petition to grant injunction order against the respondent whom you are Representative at present.It is your duty, to file a counter affidavit along with petition with a prayer to dismiss the present petition. After hearing both sides the court will decide the matter.

Rajesh kumar singh (Expert) 03 December 2011
Civil Procedure Code 1908

ORDER XXXIX. TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

Temporary injunctions

1. Cases in which temporary injunction may be granted

1Where in any suit it is proved by affidavit or otherwise- Rajesh kumar singh advocate sarnath VARANASI m.+917800351226

ajay sethi (Expert) 03 December 2011
generally for application of injunction a notice of motion has to be taken out by plaintiff together with affidavit in support .

it should be remembered that the extraordinary method of proof or disproof of facts in a judicial proceeding by affidavit evidence is permitted in an interlocutory matter only to save time in the disposal of the proceeding in which the Court does not decide the rights of the parties finally. It cannot however be construed that the statutory provision under Order 39, Rule 1. C. P. C. is intended to dispense with the very object for which a Court is constituted. The Courts are to dispose of the judicial proceedings only after they are satisfied with the proof or disproof of the facts required to he proved under the law and not to pass orders without such satisfaction merely be-cause they are orders in interlocutory matters. When affidavits are filed by the parties, each set of affidavits affirming the case of each of the contending parties The Court has always its inherent power to pass such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Court.

RAJU O.F., (Expert) 04 December 2011
If the Original Application/Suit was containing prayer of Interim Relief of injunction, Court can pass Order of injunction, when it is pressed for, even without petition. Anyhow, now petition is filed praying for injunction and hence you have to counter it by a counter affidavit.