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ashok kumar (Social Worker)     20 April 2014

Time for replying to plaint

Time for Replying to plaint

Plaintiff Files a case for Injunction (on 20th Dec 2013) for restraining Defendant from dispossessing the plaintiff from a property claimed to be in possession (wrongfully, as the actual possession is with the defendant only). The defendant never receives the Court Summons. Yet the Court assumes service and orders Ex-Parte proceedings. (No TI etc is granted)

 

Defendant comes to know (On 20th Feb 2014) and makes an application for setting aside the ex parte proceedings order and the Court Grants the application and sets aside the Ex Parte Proceedings (On 11.03.2014)

 

The 90 days period allowed for the reply will be counted from which Date? To my mind it should be from 11.03.2014 as that was the first day the defendant could have filed a reply because prior to the day, the reply could have not been filed

 

Please guide



Learning

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