LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sam (IT)     20 August 2009

ex parte, absolute injuction (or stay) and decree related

Hello,

My relatives filed for an injunction against a neighbor who was trying to prevent them from carrying on some repairs/construction on their property.

The judge put a stay on the situation and issued summons to the defendent for written reply (as to what his problem is, I think). The defendent engaged a lawyer but they never filed a written reply.

 

After around 6 or so chances, the judge issued what I understand as the ex parte decision and an absolute injunction. I think the next date will be where the plaintiff's (my relativess') lawyer will give evidence for the ex parte before the judge issues a decree.

 

Can somebody please explain what the last para really means for my relatives? What is an "absolute injunction" in this case which the judge issued? Also, what is the nature of evidence that the plaintiff's lawyer will give? Also, can the defendent make any mischief at this stage? Finally, what is a decree and is there a chance the defendent pulls any tricks regarding this?

 

Thanks in advace for all the explanations.

Kind regards.

 

 



Learning

 2 Replies

Y V Vishweshwar Rao (Advocate )     20 August 2009

Dear Sam !

1- Along with Suit  a Petition called IA will be filed for Temporary injunction and that is granted by Court   pendign Notice and pendign disposal of the IA and Summons in Suit and Notice in IA were served on the Defendnat and Defendnat  did not file  WS in  suit and Counter in IA , In both the  Defendant  was set exparte , I n IA  Petition is allowed and interim injunction is made absolute ( means  correct  till the disposal of th Suit )

2- In Suit -  Defendant  is Set Exparte and his  defence is not  there , the Court will record the  exparte evidence  of the Plaintiff ( Your Relative ) and documents  will be marked and Exparte Permanent injunction decree will be grandted in the Suit  -  it is called as  Exparte Decree - Suit  decreed as prayed for - for  Permanent Injunction !

3- Tricks by Defedant  ;- The defedant  even before exparter decee / or / and  after exparte decree can apply (by  IA )  for settign aside the Eparte order before decree and also  Set aside the Expater Decree after exparte  Decree is apssed .

It is better to take all the  procedural details for your( relative) Advocate who is conducting the Case !

with regards !

Sam (IT)     20 August 2009

Thank you for the explanation, Vishweshar.

I have only just now been shared the information by relatives. They are not familiar at all, just like me, with the working of the courts and wanted to discuss the situation (mostly for moral support and confidence). They would like me to accompany them to their lawyer next time they meet him.

 

If I go with them to meet their lawyer, what questions should I ask so as to be sure that proper steps are being taken by their advocate? I want to go with some basic background and knowledge so that I can understand what the lawyer says and am able to ask intelligent questions.

 

Also, is it easy for the defendent to set aside the ex parte and the decree?

 

Thanks once again,

Regards.

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register