Evidence to be given under application of order 39 rule 2a.
surjit singh
(Querist) 13 November 2012
This query is : Resolved
A title suit the is pending before the Munsiff court. Relating to the same an status quo order was passed by the District Judge. The status quo order was violated by the defendant which was brought to the knowledge of the Munsiff court by filing a Misc. Application under O 39 R2A. But the Munsiff court appointed an advocate as a commissioner in the main Title Suit. The commissioner thereafter submit its report on verification after going to the spot in the main title suit.
In the meantime the Munsiff treated the Misc. application as a seperate and notice were seperately issued upon which the defendant entered appearance and thereafter from several dates the defendant is absent. The Munsiff has also passed an order debarring the defendant to submit its reply as it has crossed about 5 months from the receipt of the notice of the Misc. petition.
My query is as regard the application under O39 R 2A (1) whether the plaintiff should submit the certified copy of the commissioner's report submitted in the main title suit (2) Whether the plaintiff will have to give evidence before the courts as regard the violation. (3) Whether the evidence of the advocate who was appointed commissioner in the main title suit is necessary, when the certified copy will be submitted of the commissioner's report.
Please specify any other formalities to be followed on behalf of the plaintiff in the application under O39 R2A.
Arvind Singh Chauhan
(Expert) 13 November 2012
Yes you have to produce all the evidences regarding contempt. It is better to produce report of commission with oral testimony of commissioner.
surjit singh
(Querist) 13 November 2012
Whether the oral evidence of the plaintiff or other person apart from the commissioner will be required.
Specify any other formalities to be done from the plaintiff's side.
ajay sethi
(Expert) 13 November 2012
commissioner was appointed by the court . he has submitted wirtten report after verification of the violation of status quo order before the court . his report which is subject matter of court record should be sufficent to implicate the defendant . the court on perusing the commisioner report and after hearing your arguments will pass an order . no further oral evidence of plaintiff would be necessary . commisisoner report is sufficient
Devajyoti Barman
(Expert) 13 November 2012
Yes, to bolster your case ypu may lead additional evidence. The evidence of the Commissioner is anyway the main factor.
surjit singh
(Querist) 13 November 2012
What kind of additional evidence the plaintiff should lead. Kindly give some hint.
MohammedRaffiq Bijapur
(Expert) 13 November 2012
Surjit u have prove that defendant has violated/disobeyed the injunction order inspite having notice of the same.
U have to show the acts of the deft purporting to be the violation of inj order by cogent evidence oral & documentary.
Raj Kumar Makkad
(Expert) 14 November 2012
1. Yes, it should be . 2. Yes. 3. It shall be better to summon the commissioner and put his report under his deposition in the evidence.
surjit singh
(Querist) 14 November 2012
Thank you all for valuable advice.
