39 3a

Querist : Anonymous (Querist) 23 November 2018 This query is : Resolved
Sirs
If plaintiffs were granted status quo on suit property under 39 2a but not with in a month but injunction application was adjudged after six months, was it not obligatory on part of plaintiffs to inform defendant and file an affidavit to that effect that defendant has been notified of the status quo. Not academic query.
In Gujarat was it not mandatory to register lis penden by plaintiffs.

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Dr J C Vashista (Expert) 25 November 2018
1. Same Code of Civil Procedure, 1908 is applicable throughout the territory of India, i.e., Gujarat is not an exception, as stated. Therefore, it is compulsory/ directory to inform defendant qua ex-parte (before notice) grant of injunction and plaintiff has to file an affidavit with proof of intimation.
2. Pure academic story posted by an anonymous author.

Querist : Anonymous (Querist) 25 November 2018
Sir
Thanks sir, not academic query, no author, but a sufferer of our judiciary system.

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