Delroy Jordan (Self Employed) 14 October 2014

Opposite party did not file show cause

Dear Friends and Experts,

I have filed a Title Suit for declaration of right, title, interest and permanent injunction. Also filed an application (Misc. case) in the nature of order 39 Rule 1 and 2 read with section 151 of the CPC praying for ad interim injunction.

The court was pleased to grant ad interim injunction. Show cause notice was send to the opposite party.

Now, The Defendant/opposite party had filed the written statement BUT did not file the show cause to the misc. case but asked for time to file the same.

Since defendant/opp. party had filed w.s but did not file the show cause, it appears that the defendant/opp. party does not have any grievance against the interim injunction. Now i want to file an objection praying the court not to accept the show cause. Please advice me in this. Also kindly let me know the procedure in doing so.

Thanking you.

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1 Replies

ROHIT SHARMA (Legal Advisor ) 14 October 2014

1. The subsequent mis. case application u/s 151 r/w Order 39 Rule 1 seeking interim injunction has also been accepted and the injunction granted. If the opposute party has filed W.S. in the matter of the title suit and the subsequent permanent injunction is yet to be decided but has not filed a W.S. in the matter of the interim injunction and has sought time still then the interim injunction is in force till the time the other party does not have it vacated.