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?

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3 Replies

Legal Fighter (Advocate) 22 May 2010

As per my knowlege and understanding, the written statement must have been filed within 30 days until and unless the Court gave time for the same. If there is no such grant of time to the defendents, the plantiff is entitled to decree as per Order 8 Rule 10. The WS for injuctive relief shouldn't sabe time limitation for declaraltory suit if it has not been mentioned in any of the court's orders.

So you have to scrutnize the orders carefully.

N.K.Assumi (Advocate) 22 May 2010

The two petitions were filed seperately and Injunction reief petition for stay of Government's Nitification was heard first and was rejected by the Court fo stay of the Government's Order, thereafter we waited for the Defendants to file their W/S followed by application under Ord 8 Rule 10 for Judgment and only thereafter the defendant filed their W/S that is after 6 months from the date of filling of Declaratory Suit

niranjan (civil practice) 22 May 2010

The reply filed by the deft. to interim application for injunction and injunction appl.is decided against you. You could have filed appeal under order O.43. Now for filing WS, the time limit is 90 days and even if the same is not filed within time limit,the court allows the same tobe taken on record on payment of cost to the pltff.in the interest of justice. Until and unless the court closes the right of the deft.to file the WS, the pltff. can not apply for decree, but even in that case court may take the evidence of the pltff after framing the issues. It is not advisable according to me to get the decree exparte, as it prolongs the litigation.Let deft.file the WS and matter should be proceeded.