What is the rule 3 of CPC order 39?
Asked by: Ricardo Stoltenberg | Last update: July 11, 2026Score: 4.6/5 (69 votes)
Order 39, Rule 3 of the Civil Procedure Code (CPC) establishes that courts must generally issue a notice to the opposing party before granting a temporary injunction. However, it outlines a strict procedure for urgent cases where an ex-parte (emergency) injunction is granted without prior notice.
How long does it take for order 39 rule 3 to be compliant?
The summons of the suit, notice of the application U/o 39 Rule 1 and 2 be issued against respondents/defendants by 3 modes. Compliance of Order 39 Rule 3 CPC be done within 24 hours.
What is the rule 3 of order 39 of CPC?
Rule 3 of Order XXXIX provides that: "The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party: Q.
What is the Supreme Court Judgement on Order 39 Rule 3?
The Supreme Court has recently ruled that if the Court is satisfied of non-compliance by the applicant with the provisions contained in the proviso to Rule 3 of Order 39 CPC, then, on being so satisfied, the Court can simply vacate the ex-parte order without expressing any opinion on the merits of the case.
Can a suit dismissed for default be restored?
Provided that a village court may restore a suit dismissed for default, if within thirty days from the date of such dismissal the plaintiff satisfies the court that he was prevented by sufficient cause from appearing on the date fixed.
Brief on Order 39 Rule 3 of CPC by Jyotika Malhotra
What should you never say to a judge?
“I'm going to appeal!” This can be interpreted as a threat, which is audaciously unwise, and very unlikely to make the judge change his or her order. Moreover, if the case requires the judge to exercise his or her discretion to determine the credibility of one party versus another, such a ruling is not appealable.
What evidence is needed to reopen a case?
Forensic evidence, evidence that expert testimony is not credible, new witness testimony, and other useful types of information may help. Unacknowledged evidence. If evidence that was present in your initial case was not used and would have changed the outcome, this could allow for a reopening of your case.
What is Section 39 of the Code of Civil Procedure CPC?
Section 39 – Transfer of decree
For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.
When can an injunction not be granted?
No injunction if the disputed property is not identifiable: In view of the provisions of Order 7, rule 3 CPC and Order 20, rule 9 CPC, injunction cannot be granted if the disputed immovable property is not identifiable.
Can a xerox copy be admitted by court?
The Supreme Court held that a photocopy of a document constitutes secondary evidence and cannot be admitted or relied on unless the party seeking to produce it accounts for the non-production of the original.
What are the remedies available under order 39 CPC?
The CPC provides two remedies under Order 39 Rule 2A: – attachment of property, or – civil imprisonment. But there's an important nuance practitioners must not miss. Unlike attachment under Order 40, a sale made in breach of an injunction under Order 39 is not automatically void.
What is the rule 2 of CPC 39?
(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.
What is the purpose of order 39 CPC?
(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to ...
What are the 7 stages of a case?
The 7 stages of a civil lawsuit generally include: investigation/evaluation, filing the complaint, discovery, settlement discussions, trial, final outcome/judgment, and potential appeals. These steps move from initial dispute assessment to formal litigation, evidence gathering, negotiation, and final resolution.
What is the maximum time limit of a civil case?
In most civil matters—such as money recovery, breach of contract, declaration, or injunction—the usual limitation period is three years. Some cases, like property possession based on title, have a longer period of twelve years. These timelines are fixed under the Limitation Act, 1963.
What evidence is needed for an interim injunction?
All applications for injunctions must be supported by evidence – either in the form of an affidavit (if the application is for a freezing injunction) or a witness statement, setting out the facts relied on and attaching all relevant documents. All important documents should be included in the evidence.
What not to say to the judge?
Don't use casual or inappropriate language. Always refer to the judge as “Your Honor.” Never say “Judge,” “Sir,” “Ma'am,” or use first names or slang. Speaking with proper courtroom etiquette shows that you respect the court and take your case seriously.
Can a judge deny an injunction?
Denials of injunctions happen all the time. An injunction is an order from the court to either stop someone from doing something or to make them do something. Typically, an injunction is sought by one party for protection against another party. A court may grant or deny injunctions at any stage of litigation.
What are the three golden rules of injunction?
Depending on each case on its own facts, three cardinal principles governing grant of temporary injunction have been accepted, namely (i) a strong prima-facie case, (ii) the balance of convenience and (iii) irreparable loss and injury.
What are the grounds for refusal of temporary injunction?
The relief of injunction may be refused on the ground of delay, laches or acquiescence or whether the applicant has not come with the clean hands or has suppressed material facts, or where monetary compensation is adequate relief. As per amended Sec. 9-A (2) of the C.P.C.
What is the order 39 injunction?
—(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to ...
What is order 39 rule 3A of CPC?
Rule 3A of CPC : Rule 3A: Court to dispose of application for injunction within thirty days. Language. ORDER XXXIX: TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS. Temporary injunctions. Rule 3A: Court to dispose of application for injunction within thirty days.
What color do judges like to see in court?
Judges appreciate seeing conservative, neutral colors in the courtroom, with navy blue and dark gray (charcoal) being the absolute best choices. These muted, somber tones project respect, seriousness, and professionalism, which helps ensure the judge focuses entirely on the facts of your case.
What is the most popular reason that cases get dismissed?
Why do prosecutors drop charges?
- Insufficient evidence. A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. ...
- Fourth Amendment violations. ...
- Procedural issues. ...
- Lack of resources. ...
- Willingness to cooperate.
What is a letter to judge to reopen a case?
The Motion to Reopen is your written brief explaining why your situation justifies allowing new evidence into your old case and why the judge should look at your case again. It must state new facts that you will prove at a hearing if the motion is granted. You must support the facts with documents or evidence.