What is the rule 39 of the Civil Procedure Code?
Asked by: Amara Kihn | Last update: February 6, 2026Score: 4.2/5 (68 votes)
Rule 39 of the Civil Procedure Code (CPC) generally governs Trial by Jury or by the Court, detailing when a case proceeds with a jury, when it shifts to a judge-only trial (bench trial), or when an advisory jury is used, particularly after a demand for a jury trial under Rule 38 (Federal & State rules). While its exact wording varies by jurisdiction (e.g., Federal, North Dakota, South Carolina), the core principle is determining the trial format after jury demands are made or waived, with the court deciding issues not designated for a jury.
What are examples of Rule 39 being used?
The court uses rule 39 only in urgent, exceptional cases where the person at the heart of the case faces real and irreparable harm to their life and health. Usually, this is when facing extradition or deportation to a country where they may be tortured or killed.
What is rule 39 of the CPC?
Order 39 Rule 1 CPC
Order 39 Rule 1 of the CPC empowers courts to grant temporary injunctions in the following circumstances: 1. Property in Dispute: Where any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party to the suit, or wrongfully sold in execution of a decree.
Is Rule 39 legally binding?
In these cases, the interim measures often call upon the states concerned to halt a removal pending a decision of the Court on the issue at stake. Rule 39 is a procedural rule of the Court which is legally binding.
What is rule 39?
"Rule 39" refers to different legal procedures depending on the jurisdiction, most commonly Federal Rule of Civil Procedure 39 (FRCP 39) concerning jury trials, or the European Court of Human Rights (ECtHR) Rule 39 regarding interim measures for urgent human rights cases, often involving asylum or extradition, preventing harm like deportation to a country where torture or death might occur**. It can also relate to pleading special matters (U.S. Tax Court), costs (Federal Rules of Appellate Procedure), or specific state court rules.
Order 39 Rule 1&2@laweasyclasses
What is the rule of 39?
Rule 39 – Trial by Jury or by the Court. (2) the court, on motion or on its own, finds that on some or all of those issues there is no federal right to a jury trial. (b) When No Demand Is Made. Issues on which a jury trial is not properly demanded are to be tried by the court.
What is Section 39 of the Civil Procedure Code?
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.
Who can apply under order 39 CPC?
The Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural delay, or ...
How effective is Rule 39?
With their support, the Initiative has collectively helped more than 260 people from 10 countries to lodge life-altering Rule 39 requests with ECtHR, and safeguarded the human rights of more than 48 children, including nine unaccompanied minors.
What is the rule 39 privilege?
Prison Rule 39 says that your correspondence with the courts and your legal adviser may only be opened, stopped or read in specific circumstances. The following list of organisations and people are covered by Rule 39: Your Legal Adviser, this can be the name of a firm or organisation. Courts.
What is the meaning of Section 39?
Section 39. ''Voluntarily''. Previous Next. A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. Illustration.
What is the purpose of order 39 CPC?
Order 39 of the Code of Civil Procedure provides the procedure for seeking and granting temporary injunctions in civil cases in India. Temporary injunctions aim to maintain the status quo and prevent irreparable harm until the final resolution of the case.
Can a decree be transferred to another person?
Assignment: A decree can be transferred by the holder of the decree to another person through an assignment. The assignment of a decree is governed by the provisions of the Transfer of Property Act, 1882.
What does Clause 39 mean?
Of enduring importance to people appealing to the charter over the last 800 years are the famous clauses 39 and 40: “No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers and the law of the land.
What is the Federal Rule of Civil Procedure 39?
Rule 39-Trial by Jury or by the Court. (2) the court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States. (b) By the Court.
What is the rule 39 of the rules of the court?
Rule 39 (interim measures) of the Rules of Court reads as follow: “1. The Court may, in exceptional circumstances, whether at the request of a party or of any other person concerned, or of its own motion, indicate to the parties any interim measure which it considers should be adopted.
What are the rules under order 39 rule 1 and 2 of CPC?
Principles Governing Grant of Interim Injunction: Following conditions must be fulfilled before grant of ad interim injunction under Order 39, rules 1& 2 CPC : (1) Prima facie case (2) Balance of convenience (3) Irreparable loss (4) Bona fide conduct of the party seeking injunction.
Can a defendant file application for temporary injunction?
The defendant is having a right to file an application for temporary injunction if the actions of the plaintiff are such that it would cause the suit property in a danger of being wasted, damage or alienated or wrongfully sold in execution of decree.
What is the difference between a mandatory injunction and a permanent injunction?
A mandatory injunction is an order that requires the defendant to act positively. A permanent injunction is permanent relief granted after a final adjudication of the parties' legal rights. Such final relief can be prohibitive or mandatory in nature. An interim injunction is a pre-trial form of relief.
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 grounds do you need for an injunction?
An injunction may be necessary to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests.
Can defendants file an application under Order 39 Rule 1 and 2?
1 to say that the defendant cannot maintain an application for injunction under Sub-clauses (b) and (c) of Order 39 Rules 1 and 2 CPC. "Under the Code of Civil Procedure, certain specific orders mentioned in Section 104 and Order 43 Rule 1 only are appellable and no appeal lies from any other orders."
What are common CPC mistakes?
Not coding to the highest level of ICD-CM specificity. Not being familiar with coding guidelines that require combination codes. Combination codes must be specific and cannot be reported separately (For example, E11. 22 is Type 2 diabetes mellitus with diabetic chronic kidney disease.
What is the limitation period for execution?
LIMITATION & EXECUTING COURT
Period of limitation under 'The Limitation Act, 1963' for filing of execution petition is 12 years from the date that the decree becomes enforceable. The same shall be filed Page 2 2 in the very court that exercised original jurisdiction.
Is order 39 rule 1 and 2 appealable?
There is no doubt that an order, whether granting or declining to grant an injunction under Order 39 rules 1 or 2, is appealable and it makes no difference whether at the time of granting an injunction a notice of the application is also issued to the defendants or not. But there is a third contingency.