Can injunction for preservation filed as replication?

Plaintiff have filed partition suit. In response, Defendant has filed suit for temporary injunction under Order 39 Rule 1 and 2. Whether injunction for preservation of property under Order 39 Rule 7 can be filed as replication?

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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 30 Oct 2024

In the context of a partition suit, a plaintiff can file for a temporary injunction under Order 39, Rule 1 and 2 to prevent the defendant from altering the status of the property during the proceedings. However, Order 39, Rule 7 specifically pertains to the appointment of a receiver to preserve the property. While an injunction for preservation of property can be sought, it is generally not considered a replication. Instead, it should be filed as a separate application before the court. You may want to consult with a legal professional to ensure the proper procedure is followed.

Admin
Advocate By LEAD INDIA Answered: 12 Sep 2024

Sir, injunction for preservation can be filed as separate application and you can consult an expert lawyer who will assist you to file the injunction for preservation. For further legal assistance contact us on our helpline number.

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