Saturday, January 27, 2024

Query on Suit

Query on Suit

I have file a suit for declaration & permanent injunction for a property. The court grant temporary injection & said injunction is also extended. My opposite party refused to receive court summon. But later on appeared before the court & pray for written objection. The ourt allow prayer of OP. Thereafter OP remaining absent on several dates. My advocate prays for Ex-party order in my favour & court grant order in my favour. My friend says that since OP is refused to receive count summon & failed to submit written objection against me within due time, the court will not vacate it's order. Can such ex-party order be vacated & is there any time limit ? When such order become absolute?


Answer ;

Since it is an interim order, the IA and the orders passed therein are temporary in nature which will automatically stand revoked/cancelled or become infructuous upon disposal of the main suit. If the court has disposed the matter by passing an exparte judgment then the the IA will become infructuous from the date of the passing of the said judgment

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