Order 9 rule 13 or oder 43 rule 1 applicable
GANGAM.RAJENDER.
(Querist) 13 November 2013
This query is : Resolved
the declaration of title and permanent injunction suit(LAND) has been filed.and plaintiff got exparte permanent injunction in the trial court since 7 years back case is still pending in the trial court.party's are unknown persons and advocate also not supporting.
Q1.SIR DIRECTLY CAN I APPROACH THE HIGH COURT FOR APPEAL AGAINST THE EXPARTE PERMANENT INJUNCTION? IF ANY CASE LAWS PLS PROVIDE SIR.
Q2.OR WE CAN FILE ORDER 9 RULE 13 WITH LIMITATION ACT IN THE TRIAL COURT ONLY.how many years limitation act valid.
PLS GIVE ME SUGGESTION SIR..
THANK YOU SIR
BAALASUBRAMANNYAMM
(Expert) 13 November 2013
You should have to file a petition Under Order 9, Rule 13 of CPC , before the trial court, for set aside the exparte decree, within 30 days from the date of its order. Since you did not file any petition till now, a petition for condonation of delay should also be filed under Secdtion 5 of Limitation Act.
GANGAM.RAJENDER.
(Querist) 13 November 2013
expert sir the case is pending from 1999 and plaintiff got exparte permanent injunction in the year 2003 but my advocate not represented the case .present case status plaintiff side evidence was over still defendant side evidences are not started.
Q1.CAN WE HAVE THE RIGHT TO FILE PETITION ORDER 9 RULE 13 OF CPC BEFORE THE TRIAL COURT.MEANS NEARLY 9 YEARS LIMITATION ACT VALID.HOW MANY YEARS LIMITATION ACT SEC 5 VALID.
Q2.THE CASE WAS PENDING IN THE COURT,THE PLAINTIFF TRYING TO CONSTRUCTING A FENCE,WE HAVE ANY REMEDY TO PREVENT THE CONSTRUCTION .TO PREVENT CONSTRUCTION WHAT WE HAVE TO FOLLOW THE STEPS BEFORE THE HON'BLE COURT.
SIR THIS IS MORE IMPORTANT PLS GIVE ME SUGESSION SIR.
Biswanath Roy
(Expert) 14 November 2013
It appears that you had/have been sleeping for long nine years over ex-parte injunction order that spoiled your defence. But only one room left if you can adopt a strategic legal action against your opposite party then you may be successful in part. You must bear it in mind that your opposite party already enjoyed benefit of the permanent injunction order which cannot be ignored by the court.
