I have to prepare say and objections to prohibitary injuction O39 and sec 151 filed by other party.
Other parrty has filed another application, (in regards to the list of docs adduced alongwith injuction plea and list etc), praying that 'adduced docs be exhibited and endorsed' (but it is not supported by affidavit)
There is also notice to disclose and produce (also supporting affidavit) the originals of those docs are with us. ..and our say is pending to that also.
My question?
Above application (which prays that 'adduced docs be exhibited and endorsed') is NOT supported by any affidavit!!! and there is merely a declaration in the application.
But O18 (exam in chief) and O19 suggests that evidence may be brought on record vide an affidavit only and it doesn't say 'affidavit or declaration'!!!
is it not an instance of inappropriety by which evidence is being lead by other party?
So what even if it is an Interim Application?
For such interim applications, exam in-chief affidavit aren't generally filed .............. and there would be argument straight way.... but that does not mean that documentary evidence may be brought on records merely by an application with declaration.
In short... Please suggest an avenue by whch we may subvert it immediately and succeed to raise objection and also oppose ad-interim stay?
Those Docs are very material and relevant and ....... and that may go in other party's favour and may result in slapping injuction on us....
