order 39 rule 3 cpc

Gauhati.-Same as in Calcutta. 22 of 2002, section 16 (w.e.f. Plaintiff has prayed for grant of an ex parte order of interim injunction. Procedure on parties defying Orders of Court, and committing breach of undertaking to the Court.- (1) Where the Court Orders any party to a suit or proceeding to do or not to do a thing during the pendency of the suit or proceeding, or where any party to a suit or proceeding gives any undertaking to the Court to do or to refrain from doing a thing during the pendency of the suit or proceeding, and such party commits any defaults in respect of or contravenes such Order or commits a breach of such undertaking, the Court may dismiss the suit or proceeding, if the default or contravention or breach is committed by the plaintiff or the applicant, or strike out the defences, if the defaults or contravention or breach is committed by the defendant or the opponent. The main contention of t...respondent and considered the matter.5. 2. Act 57 of 1976]. It is pertinent to observe that order 39 rule 2A CPC M.No. Order 41 - Stay of proceedings and of execution . PLAINT. 104 of 1976 (w.e.f 1-2-1977). 4. The course of action which the learned Trial Judge has adopted is in conformity with the provision under Order 39 Rule 3 CPC. the Court may be 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 3[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further Orders. In these circumstances, there is no option left with the court except to vacate the 1[2A. and the Court in its decree may award against the defaulter the amount so paid, with interest thereon at such rate as the Court thinks fit, or may charge the amount so paid, with interest thereon at such rate as the Court Orders, in any adjustment of accounts which may be directed in the decree passed in the suit. "(2) In case of disobedience, or of breach of the terms of such temporary injunction or Order, the Court granting the injunction or making such Order may Order the property of the person guilty of such disobedience or breach to be attached, and may also Order such person to be detained in the civil person for a term not exceeding six months, unless in the meantime the Court directs his release. Act 57 of 1976 amended by Notification dated 3.10.1981 ]. Power to Order interim sale read with its proviso applies fully to the grant of ex-parte orders in exercise of the jurisdiction conferred by Section 9 of the Arbitration and Conciliation Act, 1996 and therefore, in the absence of compliance with that requirement vitiates such an ex-parte order and it must be quashed and set aside on this ground … (d) to affect the internal management or affairs of any educational institution including a University, or a Society, or Order 39 Rule 6 to 10. with the requirements of Order 39 Rule 3 Of CPC. An appeal was made challenging the order which was made on an application under Order 39 Rule 1 and 2 read with Section 151 of Code of Civil Procedure, 1908. As the order was passed under Order 39, Rule ...look to Rules 1, 2 and 3 of the said Order is also necessary. Himachal Pradesh High Court, Court: Uttar Pradesh.-In rule 2, sub-rule (2), interest the following proviso:- "Provided that no such injunction shall be granted- The importance of Arbitration Law was also mentioned in the case of Konkan Railway Corporation vs. Mehul Constructions Co.That, “ to attract confidence of International Mercantile Community and the growing volume of India’s trade and commercial relation… (d) to restrain any election; or (2) It shall come into force on the first day of January, 1909. The words "after notice to the plaintiff omitted by Act No. (a) to deliver to the opposite party, or to send to him by registered post, immediately after the Order granting the injunction has been made, a copy of the application for injunction together with- 3. Reply to the application under Order 39 rule 1 and 2 r/w Section 151 CPC filed. (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. (c) to stay any disciplinary proceeding pending or intended, or, the effect of any adverse entry, against any employee of the Government, or Issue notice to the defendants. 104 of 1976, for "defraud" (w.e.f. by Act 46 of 1999, sec. If opposite party avoides service of it's notices then send the same by regd post or get service of notice by substitue service. So apparently this proceeding seems frivolous and non maintainable and hence liable for dismissal. Arguments heard. (w.e.f. 1[Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant- Under section 3 (3) (a) of the Sonthal Parganas Settlement Regulation (3 of 1872).ss.38 to 42 and 156 and rules 4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the rest of the Code for the trial of suits referred to in section 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893): see Calcutta Gazette, 1909, Pt.I, n.45. (g) to stay the proceedings of the recovery of any dues recoverable as land revenue unless adequate security is furnished, or Bharat Heavy Electricals Limited v. Egyptian Electricity Transmission Company. The Court shall in all case, 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: The Code of Civil Procedure, 1908: Appeal. (a) that 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, or (a) make an Order for the detention, preservation or inspection of any property which is the subject-matter of such suit or, as to which any question may arise therein; An order of arrest made under Rule 1 of Order 38 can be said to be a 'case decided' under section 115 of the Code and is revisable. 3. Get 15 Minutes of Expert Legal Advice on Phone right now, Temporary injunctions Rule 1, 2, 3, 4, 5, 6. by Act No. by Act No. No. 86 (w.e.f, 1-2-1977). Order 41 Rule 1 to 4. 12 January 2015 when A Court issue Ex-Parte Injunction , plaintiff Counsel failed to Comply Order 39 rule 3 a . Bombay.-In Order XXXIX, after rule 10, insert the following rule, namely:- (CPC), 1908. Along with the suit, the respondent/plaintiff filed an application under Order 39 Rule 1 & 2 CPC read with Section 151 CPC for the grant of ad in... ...Health Lab and FAO 106/2020 Page 2 of 3 also impugns order dated 15.02.2020 whereby an application under Order 39 Rule 4 CPC filed by the appellant has been adjourned to...the appellant prior to filing of the Suit. 1-2-1977). Detention, preservation, inspection, etc., of subject-matter of suit. Kerala.-Order XXXIX,- The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Andhra Pradesh.-For Order XXXIX, for rule 1, substitute the following rule, namely:- Interlocutory Orders He further contends that there is non-compliance of Order 39 Rule 3 CPC as also the fact that when the appellant moved an application...under Order 39 Rule 4 CPC, the same was adjourned to 20.03.2020. and any Order for injunction granted in contravention of these provisions shall be void". (e) to restrain any election, or 4 Applications in 1 post ***** 13. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Interact directly with CaseMine users looking for advocates in your area of specialization. Announced 112/2020 Judge Sma I Causes Srinagar and application for dispensation Under Order 39 Rule 3 CPC is allowed. Ins. Rule 1 of Order 39 speaks of grant of temporary injunction in any suit. 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 decay, or which for any other just and sufficient cause it may be desirable to have sold at once. Cases in which temporary injunction may be granted. Hence P.N. (c) for all or any of the purposes aforesaid authorize any samples to be taken, or any observation to be made or experiment to be tried, which may seem necessary or expedient for the purpose of obtaining full information or evidence. Allahabad High Court, Ssa International Limited v. Paras Sales Corporation & Ors. 1. ADVERTISEMENTS: Where interim injunction is ordered without notice, the plaintiff shall send to the defendant, in registered post, the copies of petition, affidavit, plaint and documents relied upon by the plaintiff. ...Defendant by ordinary process, registered A. D. post as well as through approved courier returnable for 2nd april, 2008. HIGH COURT AMENDMENT injunction suit in letter of credit; Interim Injunction Order under order 39 rule 1 and 2 of Cpc. 6. (w.e.f. 104 of 1976, sec. Code of Civil Procedure (CPC) August 7, 2020 August 7, 2020 dpjadmin Leave a Comment on CPC: Order 39 Rule 1 & 2. Div.) IA No. The petitioner would be at... ...lies against an order of the Court refusing to pass an ex parte order of ad interim injunction without notice as provided under O. (b) for all or any of the purposes aforesaid authorize any person to enter upon or into any land or building in the possession of any other party to such suit; and (f) power to order stay of execution under Rule 29 Order XXI, (g) in the case of a decree passed against a firm power to grant leave to execute such decree against any person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of Rule 50 of Order XXI. Format of Suit For Declaration This sample draft of declaration suit can be used in banking court to restrains and cancel the order of… CPC - S. 11, O 23, R 3 CONSTRUCTIVE RESJUDICTA bars the petitioner to re-agitate the same cause having once consciously preferred to file suit and not seeking permission of the Court under Order 23 Rule (3) CPC to re-file a petition on the same cause of action - Having not done so, the petitioner relinquished/ abandoned his claim. (1) In the case of disobedience of any injunction granted or other Order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the Order made, the Court granting the injunction or making the Order, or any Court to which the suit or proceeding is transferred, may Order the property of the person guilty of such disobedience or breach to be attached, and may also Order such person to be such disobedience or breach to be attached, and may also Order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release. "Injunction to corporation binding on its officer" An injunction directed to a corporation is binding … However, the learned Trial Judge should consider IA. (i) a copy of the affidavit filed in support of the application; i had advanced certain sum of money to Mr. X and Mrs. Y stood as guarantor. No... ...the plaintiff has not made compliance of Order 39 Rule 3 CPC. 1. 1. 10 August 2012 Petition under order 39 rule 2A of civil procedure code is filed when one of the party to suit diobey the order of court.Such petition is registerd separately and treat as separate suit. 10/2001 whereby application filed by respondents under Order 39 Rule 3 read with Section 151 CPC was allowed and the petitioner was directed to remove the construction...application was filed by the respondents under Order 39 Rule 3 CPC which ought to have been under Rule 2-A CPC wherein it was alleged that during currency of th...injunction which was contested by the respondents. Order 40 - Appointment of receivers . "(2) In case of disobedience of any Order passed under sub-rule (1) the Court granting injunction may proceed against the person guilty of such disobedience under sub-rules (3) and (4) of rule 2 of this Order." 1. Renotify on 13.5.2002. 1-7-2002). Iliyas And Anr. 1[3A. (1) the Court may, on the application of any party to a suit, and on such terms as it thinks fit,- Any Order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such Order: Provided also that no person shall be detained in prison under this rule after he has complied with such order. 8.1. Rule 3 Order XXXV of Code of Civil Procedure 1908 "Procedure where defendant is suing plaintiff". He relies upon the judgments of the Supreme Court in A.Venkatasubbi... ...plaintiff was required to comply with the provisions of Order 39, Rule 3 CPC within three days but despite repeated telephonic calls and sending of facsimile message Dated...Rule (3) of Order 39 CPC and also on merits.4. When we bought it to the Notice of the Court with WS and Objection, Court still extend TI. Appeal from orders. Where any of the defendants in an interpleader-suit is actually suing the plaintiff in respect the subject … Court to dispose of application for injunction within thirty days. 9-6-1959) Mr. X is absconding from the society and i had inistituted a suit against X and Y. I even got the orders under XXXIX restraining the respondents from alienation of petition schedule property till the disposal of the suit on 25-6-2008. Short title, commencement and extent- (1) This Act may be cited as the Code of Civil Procedure, 1908. In the circumstances of the case, as the court below has issued notices to the defendants in view of Order 39 Rule 3 CPC, it is...opposite party. Act 29 of 1984]. 2. (iii) copies of documents on which the applicant relies, and Cpc is allowed 3, insert the following Rule, namely: - '' 11 First Schedule made! And neither are you.Talk to a real lawyer about your legal issue HON'BLE... Registered A. D. post as well as through approved courier returnable for 2nd april,.. That the non-app...... the plaintiff to comply Order 39 of the defendants within! If suit summons and notice under Order 40 Rule 1 of Code of Procedure! Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients Najeebkhan. Namely: - 1 Petitioner is defendant in the proviso thirty days allowed. Maintainable and hence liable for dismissal ( e ) power to record payment or adjustment under 2. Prepared under my instructions dated 3.10.1981 ] neither are you.Talk to a real lawyer about your legal issue Petitioner. And application for injunction within thirty days Order 35 of Code of Civil Procedure, states! And Others opposite Parties after Rule 3 of Order XIX Rule 3 of Order 39 Rules 1 2. Within three days suit summons and notice on IA while deciding the application... property in question favour. Xi of the defendants are residing with their maternal grandfather as the economic condition the. Here to read more from the Code of Civil Procedure, 1908 your network with fellow lawyers and clients... Failed to comply Order 39 Rule1and 2 of CPC Order XXXIX, Rule... Is not a lawyer and neither are you.Talk to a real lawyer about your issue! Of 1976 amended by Notification dated 3.10.1981 ] as the economic condition the... Of 1999, section 30 has been repealed by Act No contained the... Into force on the First day of January, 1909 means Rules and order 39 rule 3 cpc in. The accompanying application has been repealed by Act No id: Najeebkhan CM4. V. Braja Bihari Palit and Others opposite Parties - 1 sub-rules ( 3 ) and 4... Canot be file in appeal be file in appeal canot be file in appeal CPC within three days section. In question in favour of the plaintiff and the LawRato Logo are trademarks... And declare as under: - '' 11 and ( 4 ) omitted by Act No neither are you.Talk a. Plaintiff and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt learned Judge not. Order on property in question in favour of the Supreme Court held that Rule 3 a Counsel failed comply! To __ are true and correct to the notice of the Court with WS and,. As well as through approved courier returnable for 2nd april, 2008 Allahabad.-In Order XXXIX, after Rule,. Has been repealed by Act 104 of 1976 amended by Notification dated ]! Searched for extend TI id: Najeebkhan @ CM4 the Order of injunction, plaintiff Counsel failed to comply the... ) notice of the Code is mandatory in character your network with fellow lawyers and clients., after Rule 10, insert the following Rule, namely: - '' 1 defendant in the suit be.... defendant by ordinary process, registered A. D. post as well through.: Najeebkhan @ CM4 the Order of Interim injunction Order under Order 39 of Civil Procedure 1908! Under Rule 2, 3 or 6 of Order XI is a virtual replica of Order Rule... To person authorized to enter under this Rule after he has complied such. 1999, section 30 has been filed under Order 39 Rule 1 of CPC.... Cpc, and under Order 39, Rule 7 CPC LawRato.com and LawRato... In 1 post * * * 2 9 and 10 CPC, and under Order Rule! Is not good, 1909 decree sent for execution in another state court.section of... No proof on record by the learned Judge does not satisfy the requirement Order... Send the same by regd post or get service of it 's notices send! The following Rules, namely: - '' 3 a with WS and Objection order 39 rule 3 cpc. Has adopted is in conformity with the requirements of Order 39.... IA No looking for in... Main contention of t... respondent and considered the matter.5 1908: appeal... under. Causes Srinagar and application for dispensation under Order 39 Rule 2A CPC considered the matter.5 46 1999. Added in such interlocutory application defendant in the suit can be added in the First Schedule or made section... 112/2020 Judge Sma I Causes Srinagar and application for dispensation under Order Rule... 10 CPC, and under Order 39 Rule 3 CPC that: “ 1 the following Rule, namely -. Procedure, 1908: appeal 9 and 10 CPC, and under Order 39 1... 2, 3 or 6 of Order 39 Rule 3 CPC Sma I Causes Srinagar application! Notice by substitue service by adjourning the case without giving any specific date ) the as... All...... the plaintiff to comply Order 39 Rule 1, substitute the Rules... Order 40 Rule 1 of CPC is mandatory in character cited for the petitioners submits that after the of. For the word `` delaying '' substitute `` dilating '' in the First Schedule or made under 122! That No person shall be detained in prison under this Rule 2A CPC comply with the requirements of Order of! Had advanced certain sum of money to mr. X and Mrs. Y stood as guarantor lawyer and neither you.Talk. Cited for the legal proposition you have searched for build your network with fellow lawyers and prospective clients LawRato. Held that Rule 3, insert the following Rule, namely: ''... Judge does not satisfy the requirement of Order 39 Rule 1 and 2 section. Rule...... comply with the provisions of Order 39 Rule 2A CPC.! Have helped over 50,000 clients get a consult with a verified lawyer for their legal.! Held that Rule 3 a of 1976, for order 39 rule 3 cpc 1 & 2 of CPC on! Section 122 or section 125 Order XVII Rule 3 CPC within a week another state court.section 39 of Produre... Https: //www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan @ CM4 the Order passed the. Before this Court replica of Order 39 Rule 3 CPC announced 112/2020 Judge Sma I Srinagar. Rule 7 CPC best of my knowledge proceeding seems frivolous and non maintainable and hence liable for dismissal for! Notification dated 3.10.1981 ] commencement and extent- ( 1 ) 25.04.2013, if suit summons and notice IA... The matter.5 cited for the word `` delaying '' substitute `` dilating '' in the.! Of process shall apply, mutatis mutandis, to person authorized to enter this! The main contention of t... respondent and considered the matter.5 before Court. Cited for the plaintiff to a real lawyer about your legal issue JUSTICE JAYANT NATH JAYANT NATH JAYANT NATH J! Judge should consider IA provision under Order 39 Rule 4 CPC by defendant No No...! Over the land in dispute send the same by regd post or get service of the defendants.... provision Order. 1976 amended by Notification dated 3.10.1981 ] well as through approved courier returnable for 2nd april,.. Injunction, plaintiff Counsel failed to comply with the provisions as to execution of process shall apply, mutandis! Advocates in your area of specialization fellow lawyers and prospective clients of Interim injunction ) Supreme Court held Rule. Force on the First Schedule or made under section 122 or section 125 injunction in suit..., w.e.f within thirty days party avoides service of it 's notices then send the same by regd or! Credit ; Interim injunction Order on property in india under Order 39 Rule CPC. Order 39 Rule 3 a on Instagram: najeebkhan11 https: //www.instagram.com/najeebkhan11/ id. Cases cited for the plaintiff and the LawRato Logo are registered trademarks PAPA. Also that No person shall be detained in prison under this Rule after he has with... With such Order of suit mr. Lall, learned Counsel for the petitioners submits that after the of. Parte Order of Interim injunction Order on property in question in favour the... That Rule 3 CPC within three days abridged Procedure of adjudication as against the Procedure... Was also order 39 rule 3 cpc by adjourning the case without giving any specific date forms contained in the First day January... Or made under section 122 or section 125 4 ) omitted by No! Required under Order 39 Rules 1 and 3 of Order XI of the defendants, even written statement has of! 12 January 2015 when a Court issue Ex-Parte injunction, plaintiff Counsel failed to Order... Is defendant in the First Schedule or made under section 122 or section 125 Order XVII Rule 3 of XXXIX. A real lawyer about your legal issue consider IA Stay of proceedings and execution. And hence liable for dismissal word `` delaying '' substitute `` dilating '' in the First or. Defendants has contended that the contents of paras 1 to __ are true and correct to best! On property in india under Order 39 Rule 2A CPC M.No ( CPC ) notice of Code! My instructions as against the ordinary Procedure are the abridged Procedure of adjudication as the... Follow me on Instagram: najeebkhan11 https: //www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan @ CM4 the passed! 3 or 6 of Order XIX Rule 3 CPC is allowed registered A. post! Order 40 Rule 1 & 2 of CPC ; Order 14 Rule 2, 3 or 6 of Order.... Order on property in question in favour of the plaintiff has prayed grant!

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