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shambhu pandey (assistant)     22 July 2013

Filed show cause and later filed to accept as w.s

Dear Ld.member

In a titile suit the plaintiff filed a suit for the declaration of right title,interest and possession over the suit property and filed petition for injunction u/o XXXIX rule 1,2 cpc and subsequently defendant filed show cause for the petition of injunction and issued has been framed in the suit notwithstanding the procedure of filing and acceptance of written statement and evidence in suit began.Now the defendant filed a petition to adopt show cause as written statement ..is it maintainable sir..?????



Learning

 2 Replies

HIRAL THAKKAR (ADVOCATE )     22 July 2013

NO, the defendant has to file Written statement, but if however the showcause is in the nature of reply then in that case it can adopt by filing necessary application and permission.

 

Regards

shambhu pandey (assistant)     22 July 2013

The defendant already filed a petition for adopting the show cause as w.s,however this matter has been overlooked by both parties..if that petition  is accepted then kindly bring it any recent verdinct or the procedure ...


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