No memo filed later for extension of interlocutory application


I got temporary exparte injunction order. Case is in senior civil court many adjourn dates passed. My lawyer forgotten to file memos for extension of injunction order. Respondents now claiming that no filing of memo means, injunction order is no more in force. My question is every time filing of memo for extension needed or not .kindly refer any judgements relating to this issue in supreme Court

Answers (2)


259 votes

As per law you got temporary injuction order, you should file extension petition each and every adjournment till dispose of interlacuatory petition. but tge court ordered any order agaist your temporary injuctuon order? if answer is yes, the temporarary order not in force.


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95 votes

Filing of memo is a custom in some courts . Filing of memo is not actually needed because advocates generally in the injunction petition pray for injunction till further orders . So unless there are any fresh order passed other than injunction . The injunction will be deemed to be in force . However in some courts according to their local practice judges ask for extension memo or petition . There is a judgment of AP High court regarding the same. Hope this helps.

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