Legal Question in Civil Litigation in India
In Notice of Motion of a civil suit, the judge took an undertaking from the defendants that they will not sell the suit premises until further orders. this was because the defendants had not engaged an advocate and needed time to do so. However, on the next date the defendants again asked for time to engage an advocate but the judge disposed of the notice of motion without giving any orders. My question is , is the undertaking supposed to be continued even now ? Will the notice of motion come up for hearing once again? Thank you
Asked on 9/27/10, 2:12 am
2 Answers from Attorneys
G. M. Gupta
gmguptaandassociates
if the judge has not continued the previous order then there is no stay of any proceedings
Answered on 9/27/10, 3:19 am
Vishwa Arya
Arya & Co.
once undertaking has been given, it shall terminate only after the undertaking has been discharged by an order of the court
Answered on 9/27/10, 7:59 am
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