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Is plaintiff's written statement must with his declaration & affidavit in reply of defendant's injuction application as per CPC, 1908, Order 7 - Rule 11(a)(d) & Order 22 - Rule 4(3)?

Is plaintiff's written statement must with his declaration & affidavit in reply of defendant's injuction application as per CPC, 1908, Order 7 - Rule 11(a)(d) & Order 22 - Rule 4(3)?
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Civil
Posted on 21st Mar, 2019
Advocate Divyam
Answered on 27-Mar-19
Sir/ Ma'am, whenever any pleadings are submitted to an adjudicating authority, it has to be submitted with a supporting affidavit.
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Tanya
09-Apr-19
Unless it is a counter-claim, Plaintiff does not prefer a 'written statement'. If the question is pertaining to preferring a reply, then again , for an injunction application, the defendant cannot prefer the same unless it's a counter-claim, in which case, the plaintiff will have to necessarily file his reply. In the second scenario, O7R11, Rejection of plaint- Plaintiff need not file a reply since the Court needs to look into the plaint averments alone to determine if the plaint is liable to be rejected. In the third instance of O22R4(3), the same prescribes time limit for plaintiff to take steps to implead legal heirs of deceased and on failure to abide by the same, the suit against the said defendant stands abated, so the question of reply to the same does not arise.

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