IN THE COURT OF…………………………………..
Suit No……………………………. /200
In the matter of
AB………………………………………………………….. Plaintiff
versus
CD…………………………………………………….. Defendants
INTERIM WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT
Most Respectfully Showeth: –
1. The defendant does not admit any of the contentions, averments, allegations or insinuations of the plaintiff as embodied in the plaint for mandatory injunction dated…………………………… and denies the same as being false and misconceived.
2. That there is a purely legal objection, of preliminaary nature, to the maintainability/institution of the plaint itself which goes to the root of the matter and warrants dismissal of the suit on that short ground alone.
3. Therefore the defendant seeks kind indulgence of this Hon’ble Court to file the present interim written statement limited to one objection on purely legal ground to the maintainability of the suit itself, reserving the right to file further and/ or detailed written statement in case this Hon’ble Court is pleased to reject the preliminary objection of the defendant set out below: –
A. That the present suit is barred under Order Rule 2 CPC inasmuch as the plaintiff was bound in law to take the proceedings at one go, in relation to all the available causes of action as existing in his favour in…………………………… when the plaintiff filed a suit for permanent injunction bearing No…………………….. (which is presently pending in the Court of ………………………………………………………………………).
No claim was made for permission of the court to subsequently institute any proceedings in relation to the mandatory or other reliefs, as are forming subject matter of the present suit. No permission was granted by the said Court before which the earlier suit No…………………………… is pending.
B. In view of the above, the institution/maintainability of the present suit itself is barred by operation of law under Order 2 Rule 2 CPC. The plaint is therefore liable to be rejected on this said short ground alone as being not maintainable.
C. Even assuming though not admitting, that this Hon’ble Court holds
otherwise and finds the subsequent suit to be maintainable, even then since there is an already previously instituted proceedings pending between the same parties litigating under the same title, it is therefore expedient and in the interest of justice that the proeedings in the subsequent suit (i. e., present suit), be stayed till the hearing -and final disposal of the earlier suit No……………………………. pending in the court of……………………………………………………….
It is therefore most respectfully prayed that the plaintiff is not entitled to any relief at all and the suit is liable to be dismissed with exemplary costs being awarded to the defendant.
Defendant
Through Advocate
VERIFICATION
Verified at…………………………… on this…………………………… day …………………………… that the contents of the above written statement are true and correct to my knowledge and legal advice received by me and believed to be true.
Defendant