Procedure to set aside the permanent injuction
GANGAM.RAJENDER.
(Querist) 12 November 2013
This query is : Resolved
sir
the civil case has been instituted against me(DEFENDANT) which is for suit for declaration of title and permanent injunction.my advocate has not attended the case properly as the permanent injunction has been granted FOR EX PARTAE.
Q1.AT THIS STAGE WHAT IS THE PROCEDURE TO FOLLOW FOR SET ASIDE THE ORDER(C P C).
Q2.IS IT POSSIBLE TO GO FOR APPEAL AGAINST THE PERMANENT INJUNCTION.
GIVE ME THE SUGGESTION HOW TO CANCEL THE PERMANENT INJUNCTION WHICH WAS IN TRIAL COURT.
THANK YOU SIR.
adv. rajeev ( rajoo )
(Expert) 12 November 2013
You will have to file a miscelleneous case against that order.
BAALASUBRAMANNYAMM
(Expert) 12 November 2013
The court has passed an "order" only in a Interlocutory Application, made by the Petitioner/Plaintiff. As against the said order, you have every right to prefer an appeal ( Civil Miscellaneous Appeal) before its higher court, within 30 days of the order.
GANGAM.RAJENDER.
(Querist) 12 November 2013
permanent injunction ordered 7 moths back ,civil miscellaneous appeal means pls give me the oreder and rules of cpc .limitation act section also mention sir .pls give me the suggestion sir.what sections and rules pls explain sir.
MohammedRaffiq Bijapur
(Expert) 12 November 2013
Rajendra if u have CPC go tru Order 43
and for condonation of delay refer Sec 5 of Limitation Act
