Saurabh Jain (JL) 10 February 2010
Party 'A' filed a suit against PArty 'B' for getting injunction thru Notice of Motion and succeeded in getting an interim order of injunction against B.
Copy of the Notice of Motion and Plain was served to B by Party 'A' .
To which Party 'B' has replied to party 'A' by giving 'Written Submission' but party 'B' has not filed a copy of its written submission in the concerned High Court.
Is it still required by Party 'A' to serve "Writ of Summons" to party 'B'????
Daksh (Student) 10 February 2010
Dear Saurabh Jain,
Kindly go through the provisions of Order XXXIX C.P.C. and the High Court Rules of the concerned state where the matter is pending adjudication. Yes it was incumbent upon the party to file its defence to the plaint/suit after supplying the copy of the same to the plaintiff. Still the deficiency can be cured by stating the bonafide reasons for delay in filing and getting the same on record of the Court.
Last but not least the suit relates to the proceedings on the original side where as the Writs does not come at all in picture in the instant case as equal efficacious remedy is available within CPC itself.
Hope this clarifies your query.
Best Regards
Daksh
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