Civil Procedure

Querist : Anonymous (Querist) 18 February 2011 This query is : Resolved
The Plaintiff has filed a Regular Civil Suit Affidavit with Application for Injunction and Affidavit against Defendants. The Injunction seeking certain reliefs restraining the defendants adopting aggressive, threatening, using vulgar and abusive language approaches by the Agents. The defendants argued the injunction application to the limited purpose. But the defendants stated in the trial court he wanted to argue Injunction. The Plaintiff stated that he has argued only to the Injunction and not on the Suit. But the Defendant argued both the Injunction and Suit.

What is the procedure? is it admissible under the point of law ? What is the remedy if the judgment and order is against the Plaintiff?

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Raj Kumar Makkad (Expert) 18 February 2011
If order and judgment has been passed against the plaintiff then he has only one remedy to file an appeal against judgment and decree as order merges in the judgment.

Devajyoti Barman (Expert) 18 February 2011
Whoever is aggrieved by the order passed by the court, he can prefer Miscellaneous Appeal before the District Judge.
Yes one can argue on the merit of the case but with limited scope.

Swami Sadashiva Brahmendra Sar (Expert) 19 February 2011
Agree with Mr Devjyoti barman.
At the stage of interim injunction a case is to be argued on merits to establish or rebut a primafacei case.

Kirti Kar Tripathi (Expert) 19 February 2011
I also agree with Devajtoti And Dr. Tripathi.

G. ARAVINTHAN (Expert) 19 February 2011
What is the stage of the suit? main suit can be argued only after commencement of trial.

I think the defendant argues on the maintainability of the suit.

Advocate. Arunagiri (Expert) 19 February 2011
It seems that only interim application is pending for enquiry. At this stage only IA will be taken for enquiry, not the main case.
So, the defendants would have argued for the interim injunction only.

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