Jagadeesh 03 October 2024
In my case, the Plaintiff passed away on 10-08-2024, and the ex-parte injunction was extended on 27-08-2024 and 01-10-2024. A memo was submitted reporting the Plaintiff’s death, but no legal heirs were added as per Order 22, Rule 3 CPC. The affidavits were filed by the Plaintiff's advocate. Is this legally valid? Additionally, there was non-service of summons and suppression of material facts. Should the injunction be vacated?
T. Kalaiselvan, Advocate (Advocate) 03 October 2024
You take action to vacate the injunction by filing appropriate petition and in the meantime you can strongly object before the court to the memo filed seeking extension of exparte injunction orders for the reasons you have stated here.
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