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Jamai Of Law (propra)     25 May 2011

What If only preliminary obj of locus standi is raised?

What If only preliminary objection of 'locus standi' is raised by defense and does not address any allegation of facts and doesn't deny the allegation even evasively?

 

Case of  ................... Review filed against the prohibitary ad-interim injuction by judgment debtor.

 

Judgment debtor files the review, and also shoots 'notice to produce'  , opposite party  raises only 'locus standi' as preliminary issue, and not even denies any of the facts in issue, even evasive denial is absent.

 

Should the J debtor take allegations of facts/facts in issue as 'admitted facts'?

Nothing is denied except preliminary objection.

 

 

Isn't the court supposed to conduct "only preliminary' hearing on just 'locus standi' as preliminary objection?

 

Or

 

should the court directly take the matter for arguments?

 

 

What is correct practice followed?



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