Civil procedure code order 39. Code of Civil Procedure Code, 1908 O.39 to 40 Commentary 2022-12-09

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Civil Procedure Code Order 39 deals with the rules of interim injunction in civil cases in India. It is a provision under the Code of Civil Procedure, 1908 that allows a party to a civil suit to apply for an injunction to prevent the other party from committing an act that may cause irreparable damage or injury.

An interim injunction is a temporary measure that is granted by a court to protect the rights of a party to a suit until the final judgment is pronounced. It is typically granted when there is a genuine possibility of irreparable harm or injury to the applicant if the act in question is not prevented.

Under Order 39, there are two types of injunctions that may be granted by a court: temporary injunctions and mandatory injunctions. Temporary injunctions are granted to prevent the defendant from committing an act that may cause harm or injury to the plaintiff, while mandatory injunctions are granted to order the defendant to perform a specific act or to refrain from doing something.

To apply for an injunction under Order 39, the applicant must file a suit in a civil court and make an application for an interim injunction. The application must be supported by an affidavit stating the facts and circumstances of the case, along with any evidence that the applicant may have to support their claim.

The court will then hear the arguments of both parties and decide whether to grant the interim injunction. If the injunction is granted, the court will also set out the terms and conditions under which it will remain in effect.

It is important to note that an interim injunction is not a final judgment and does not determine the rights of the parties in the suit. It is simply a temporary measure to protect the rights of the applicant until the final judgment is pronounced.

In conclusion, Civil Procedure Code Order 39 provides a mechanism for parties to a civil suit in India to apply for an injunction to prevent the other party from committing an act that may cause irreparable harm or injury. It is a temporary measure that is granted by a court to protect the rights of a party until the final judgment is pronounced.

Order 39, Rule 2A CPC

civil procedure code order 39

Aldas Valezia Tereza Mergulhao v. Ashok Kumar Bajpai v. Provided that if in an application for temporary injunction or in any affidavit supporting such application, a party has knowingly made a false or misleading statement in relation to a material particular and the injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is not necessary so to do in the interest of justice : Provided further that where an Order for injunction has been passed after giving to a party an opportunity of being heard, the Order shall not be discharged, varied or set aside on the application of that party except where such discharge, variation or setting aside has been necessitated by a change in the circumstances, or unless the Court is satisfied that the Order has caused undue hardship to that party. BSNL; Frankfinn Aviation Services Pvt. In any case where a temporary injunction is granted, the Court may, at the time of the order, or at any time during the pendency of the injunction, call upon the applicant to furnish security for the amount of damages that the Court may determine as payable by the party obtaining the injunction to the other party as compensation for any injury or loss that may be sustained by the letter by reason of the injunction. COMMENTS Order 39 Rule 7 1 a is primarily meant to empower the Court to make an Order about the detention, preservation and inspection of the property in dispute in the suit but it further authorises the court to pass similar Orders about other property as to which any question might arise therein. The purpose is for the Appellate Court to examine the matter brought before it in this perspective.

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California Code, Code of Civil Procedure

civil procedure code order 39

ANNOTATIONS Amendment The Code of Civil Procedure Amendment Act 1976 inserted proviso to Rule 3. Section 151 of the Code confers power upon the court to grant injunction if the matter is not covered by Rules 1 and 2 of Order 39 of the Code Manohar Lal Chopra v. Ashok Kumar Bajpai v. An injunction directed to a corporation is binding not only on the corporation itself, but also on all members and officers of the corporation whose personal action it seeks to restrain. Hindustan Steel Works Construction Ltd. Bare perusal of Rule 2-A of Order 39 would show that it is attracted only in case of disobedience of an Order of injunction of any other Order made under Rule 1 or Rule 2 or breach of the terms on which the injunction was granted or Order was made.

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Order 39, Rule 4 CPC

civil procedure code order 39

Balu Ghosh, AIR 1990 Pat. Munuswamy; Enercon India Ltd. Indian Charge Chrome Ltd. Dorab Cawasji Warden v. Era Educational Trust; Ashok Kumar Bajpai v. Rai Bahadur Rao Raja Seth Hiralal; India Household and Healthcare Ltd. Shamser Rahman; Dorab Cawasji Warden v.

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Civil Procedure Code, 1908 (CPC)

civil procedure code order 39

An ex parte Order of injunction made under Order XXXIX will fall either under Rule 1 or Rule 2. There is no other provision under which such an Order can be made. Order for injunction may be discharged, varied or set aside. Hence, analogy of Order XXXIX Rule 2A, Code of Civil Procedure cannot be pressed in service while judging the validity of the impugned rule on the touchstone of Article 215 of the Constitution of India High Court of Judicature at Allahabad v. The relief is granted as an interim measure till the disposal of the suit, in which is to be investigated the validity of the claim of right that has been put forward.

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Order 39 CPC : temporary injunction and interlocutory orders

civil procedure code order 39

The Secretary to Government of Tamil Nadu Department of Registration; Lakshmi Natesan v. The practice of filling I. Nawab Zulfiquar Jah Bahdur; Sridhar Panda v. As they do not impinge upon the legal rights of parties to the litigation the principle of res judicata does not apply to the findings on which these Orders are based, though if applications were made for relief on the same basis after the same has once been disposed of the Court would be justified in rejecting the same as an abuse of the process of Court. Injunction against true owner-No 1705 12.

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Order XXXIX CPC

civil procedure code order 39

Janakiraman; Ramu; Thangam v. Section 95 — If the claim of the plaintiff is defeated, then the court can grant compensation to the defendant if he claims so. The second condition appears to be that the other party should admit that he holds such money or other thing as a trustee for another party. Kishore Talkies 1995 1 C L. Rule 3A Order XXXIX of Code of Civil Procedure 1908 "Court to dispose of application for injunction within thirty days" Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.


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California Code, Civil Code

civil procedure code order 39

Mahadeo Dhondu Budhe v. If the scale of inconvenience leans to the side of the Applicant, then only interlocutory injunction should be granted. Pretext of dispute of identity of the land should not be an excuse to claim injunction against the true owner Premji Ratnasey Shah v. Mere prima facie case does not entitle the Plaintiff entitled to temporary injunction. This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working.

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Free Download Case Law On Temporary Injunction (2021)

civil procedure code order 39

ANNOTATIONS High Court Amendments Allahabad In Order XL, in Rule 1 , in Sub-rule 2 , after the words "any person", insert a comma and the words "not being a party to the suit. Tamil Nadu Olympic Association. If there is a common field of activity, possibility of deception is very high and if there is no common filed, of activity, possibility is less but it cannot be laid down as a rule of law that there can be no possibility at all. Vairaprakasam; Sri Suryanarayana Papers and Boards Pvt. Skipper Construction Company P Ltd. The proceeds from the sale can be used to compensate the defaults in the payment of the rent. It was held that sale certificate has legal validity unless set aside, possession of respondents cannot be said to be of trespasser, injunction restraining auction sale can be granted Anand Prasad Agarwalla v.

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Code of Civil Procedure Code, 1908 O.39 to 40 Commentary

civil procedure code order 39

Prahlad Singh; Reliance Big Entertainment Pvt. Devasahyam 2002 1 CTC 458; J. There is thus clearcut deletion of the provision for appeal against Order under Rule 2-A of Order 39 and, therefore, there is no justification for interpreting that appeal should be read to have been provided even against an Order of rejection of application under Rule 2-A of Order 39. The ad interim Order of injunction passed ex parte in the absence of compliance of the provisions of Rule 3 may have other consequences but the ad interim Order of injunction cannot be taken to be non-existent on account of the alleged non-compliance. It is observed that it is not unusual to provide for alternative remedies. Grant or refusal of a temporary injunction is covered by three well-established principles viz. Ganta Chinna Shankaraiah v.


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