What is order 39?
Asked by: Kattie Lindgren I | Last update: October 7, 2023Score: 4.1/5 (28 votes)
Order 39, Rule 1 provides for cases in which temporary injunction may be granted. (c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit.
What is the rule of order 39?
the Court may by Order grant a temporary injunction to restrain such act or make such other Order for the purpose of staying and preventing the wasting damaging alienation sale, removal or disposition of the property, or dispossessing or otherwise causing injury or loss as the Court thinks fit, until the disposal of ...
What is CPC order 39?
Order 39 Rule -1 of C.P.C provides that where in any suit it is proved by affidavit or otherwise a) That any property in dispute in a suit is in danger or being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or Page 21 21 b) That the defendant threatens or intends to ...
What is Order 39 Rule 2 CPC?
(2) The Court may be order grant such injunction, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the Court thinks fit. STATE AMENDMENTS.
What is application under Order 39 Rule 10 CPC?
Order 39 rule 10 provides that "Where the subject-matter of a suit is money or some other thing capable of delivery, and any party thereto admits that he holds such money or other thing as a trustee for another party, or that it belongs or is due to another party, the court may order the same to be deposited in court ...
CPC TEMPORARY INJUNCTION ORDER 39 RULE 1,2 , STAY ORDER
What is application under Order 39 Rule 4?
An application under Order 39 Rule 4 CPC is permissible only if in the application seeking temporary injunction or in the affidavit supporting such application, a party has made false and misleading statement in respect to a material particular and injunction was granted without notice to the opposite party.
What is application under Order 37 Rule 4 CPC?
In an application under Order 37 Rule 4, the court has to determine the question, on the facts of each case, as to whether circumstances pleaded are so unusual or extraordinary as to justify putting the clock back by setting aside the decree; to grant further relief in regard to post-decree matters, namely, staying or ...
What is Order 39 Rule 3?
Order 39 Rule 3 CPC mandates the delivery of the complete copy of the paper book by registered post to the opposite party when an exparte interim temporary injunction is granted in favour of the appellant., noted the Bench.
What is Order 39 Rule 2A and contempt?
provisions of Order 39 Rule 2A CPC provides a remedy against a person flouting an order of injunction passed by the court the jurisdiction of the High Court to take action under ... Contempt of Courts Act and that appropriate procedure is the one prescribed under Order 39 Rule ...
What is the rule 11 of order 39?
Rule 11 of Order 39, as introduced by the Bombay Amendment, provides for procedure on parties defying orders of the Court and/or committing any breach of the Undertaking to the Court.
What is ad interim injunction?
The Ad Interim means in the meantime or temporary. Ad Interim stay means the temporary order of injunction passed by the court while the suit is still pending.
What is the order 1 rule 10 of the CPC?
Order 1 Rule 10 of Code of Civil Procedure (herein after referred as C.P.C.,) enables the court to add any person as party at any stage of the proceedings, if the person whose presence before the court is necessary in order to enable the court effectively and completely adjudicate upon and settle all the questions ...
What is Order 39 Rule 7?
Even so, Order 39, Rule 7 inter alia provides that the Court on the application of any party to a suit has the power to authorise any person to enter upon any property which is the subject-matter of the suit and in the possession of the other party and pass such feasible orders a3 are necessary for the detention, ...
What is Section 20 of contempt?
Section 20 of the Contempt of Courts Act, 1971 provides limitation for actions for contempt “ No Court shall initiate any proceedings for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.”
What is the order 21 rule 32?
The provision of Rule 32 clearly envisages the mode and manner of execution of decree for injunction granted. The decree holder on proof of non compliance of terms of decree can secure the detention of the judgment debtor in a Civil prison and can also seek sale or attachment of the property.
What is the statutory basis for contempt of court in India how far do you agree that the judicial institutions need protection?
Statutory Basis:
Separately, Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself. Article 215 conferred a corresponding power on the High Courts. The Contempt of Courts Act, 1971, gives statutory backing to the idea.
What is ex parte order?
In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.
What is under Order 43 rule?
(1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.
What is under Order 41 Rule 5 CPC?
- (1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for sufficient cause order stay of ...
What is Order 6 Rule 17 CPC application?
Order 6 Rule 17 CPC allows for the amendment of pleadings. This provision grants the court the power to allow parties to modify or alter their pleadings, including the plaint or written statement, at any stage of the proceedings.
What is application order 9 rule 7 CPC?
Rule 7 of Order 9 CPC
It provides that in a situation where the court has adjourned the hearing of the suit ex parte and the defendant provides a good cause for his absence, the court, on its terms and conditions, may hear him and deal with the suit as if he had appeared on the date fixed for hearing.
What is application under order 37?
Order 37 CPC guarantees that the defendant does not drag out the proceedings. The defendant in these instances can seek permission to defend if he possesses the necessary defence to demonstrate that his position is substantive in character; otherwise, the plaintiff has a stronger hand in the case.
What is application under order 9 rule 4?
Order 9, Rule 4 enacts that where a suit is dismissed under Rule 2 or Rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside and if he satisfies the Court that there was sufficient cause for his not paying the Court fee and postal charges ...
What is application under order 9 rule 9?
Rule 9 Order 9 of the CPC provides for restoration of the suit dismissed under Rule 8 for non-appearance. The Rule mandates that where a suit is dismissed under Rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action.
What is order 9 rule 13 CPC set aside?
Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex-parte decree which was passed due to the non-appearance of the defendant in the civil suit. The court only sets aside the ex-decree when the defendant presents a satisfactory reason in court or the summons is not served well.