What law should be applicable
priyanka
(Querist) 24 June 2015
This query is : Resolved
sir in case plaintiff has filed a case against defendant that locker no 341 should not be opened by the defendant that is he filed a injuction suit but aftr 4 days of filing of plaint thye defendant break open the locker now under what law should defendant make a written statement? should he filed a written statement under sec 151 and if yes why? and if no then which sec should he envocke
Jeetender Gupta
(Expert) 25 June 2015
Need more facts. Did you get an injunction after filing of suit? If not, the suit will become infructuous if preventing opening of lawyer was only prayer. You can file suit for damages or recovery if not filed earlier. Consult your lawyer.
priyanka
(Querist) 25 June 2015
full facts of the case are :
x and y are brother and sisters respectively. 'A' father died intestate and daugther was nominee for all accounts one day x got called by bank and told that they are breaking open the locker as y want to open it the x said that she cant break open it as keys are with him and he is also liable for 1/2 share in locker so s=it could not b break open without his written consent on 1st jan he filed a plaint stating that he is apprehending that his sister that is defendant could open the locker the court didn't pass stay order and ask defendant to give reply meanwhile on 7th jan 'y' break open the locker so since now the prayer of the plaintiff could not be fulfilled and suit has become infractus so under what law or what order should defendant file a written statement
priyanka
(Querist) 25 June 2015
we are from the side of defendant who has brk open the locker
Rajendra K Goyal
(Expert) 25 June 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Will-oerder-7-rule-11-be-applicable-542596.asp#.VYvAQxuqqko
priyanka
(Querist) 25 June 2015
problem is same but queery is different the querry is that which law will be applicable is there any rule or law in case the suit becomes infractus
