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N.K.Assumi (Advocate)     22 May 2010

Declaratory suit with a petition for Injuctive relief?

The Plaintiff filed Declaratory suit with a petition for Injuctive relief. The defendants filed written statemnts objecting the Injuctive relief and the Court passed judgment in favor of the defendant that is refusing the relief for Injunction.Thereafter, even after four months from the date of filling of  Declaratory suit, the Defendants did not filed written statements, and the Plaintiff filed filed petition for Judgment under Otder 8 Rule 10, but the defendants did not filed their written statements to the main petition that is declaratory suit,  and only after 6 months from the date of filling of Declaratory suit, the defendants filed their written statements. Can it be said to be procedurally correct? as the defendants filed written statements objecting the Injunctive relief within time so that written statements can be filled even after 6 months? In other words, written statements objecting to the Injunctive relief can save the limitation by filling written statements to the declaratory suit  filed after 6 months?



Learning

 1 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     22 May 2010

yes from your question it seems to be but the thing is have you taken objection regarding the same.

as if you have taken objection at filing of written statements by defendant, it can be further argued in your favour.

Regards


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