order 39 rule 3 cpc

(b) to stay the operation of an Order for transfer, suspension, reduction in rank, compulsory retirement, dismissal, removal or otherwise termination of service of, or taking charge from, any employee including any employee of the Government, or (b) after sub-rule (1) as so renumbered, insert the following sub-rules, namely:- 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.] 3[(3) Before making an Order under rule 6 or rule 7 on an application made for the purpose, the Court shall except where it appears that the object of making such Order would be defeated by the delay, direct notice thereof to be given to the opposite party.] 1[* * * ] Court to dispose of application for injunction within thirty days. 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 under hardship to that party.] 6. (e) to restrain any auction intended to be made or, to restrain the effect of any auction made by the Government; or to stay the proceedings for the recovery of any dues recoverable as land revenue unless adequate security is furnished; and any Order for injuction granted in contraven- tion of these provisions shall be void." Get the legal help & representation from over 10000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, The information provided on LawRato.com is provided AS IS, subject to. 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. Interlocutory Orders (ii) at the end, add the following proviso:- 4[* * *] Orissa.-Same as in Pama. Appeal from orders. 1Where in any suit it is proved by affidavit or otherwise-. [M.P. That the contents of paras 1 to __ are true and correct to the best of my knowledge. 1. 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. 3.2. Order XI of the Supreme Court Rules 1966 deals with affidavits. 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. 103/IV-L-360, dated 3rd February, 1981 (w.e.f. (b) to stay, the operation of an Order for transfer, suspension, reduction in rank, compulsory retirement, dismmissal, removable or otherwise termination of service of, or taking charge from, any person appointed to public service and post in connection with the affairs of the State including any employee of any company or Corporation owned or controlled by the State Government; or Rohit Khandelwal, counsel for the appellant submits that that the property-in-question was owned by Shobhagmal Jain which the … Section 151 CPC is not a substantive provision which creates or confers any power or jurisdiction on courts. 812 of 2010. 5. The course of action which the learned Trial Judge has adopted is in conformity with the provision under Order 39 Rule 3 CPC. 10. (a) renumber rule 1 as sub-rule (1) thereof; 2. (b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent.] (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. 46 of 1999, section 30 has been repealed by Act No. The petitioner has filed documents showing that name of the petitioner has been recorded in column 3 of the khatauni as asami since... ...those of the plaintiff or infringe the plaintiff's copy right, within the territory of India till the next date. 3. Rule 2 speaks of... ...till) 15.06.2016 Order 39 Rule (3) CPC should be strictly complied with notice to respondent exp. In Tek Singh vs. Shashi Verma, the interlocutory application filed under Order 39 Rule 1 CPC was dismissed by Trial Court holding that the relief asked for could not be granted as it would amount to decreeing the Suit itself. Though the joinder of parties rests upon the discretion of court, Order 1 Rule 1 or Order 1 Rule 3, as the case may be, of Code of Civil Procedure, 1908 is to be read together with Order 2 Rule 3 and Order 2 Rule 6. 3-2-1933) (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 restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right. Patna.-In Order XXXIX, in rule 1, at the end, insert the following provisos, namely:- "Provided that no such temporary injunction shall be granted if it would contravene the provisions of section 56 of the Specific Relief Act (Act 1 of 1877): Provided further that an injunction to restrain a sale, or confirmation of a sale, or to restrain delivery of possession, shall not be granted except in a case where the applicant cannot lawfully prefer, and could not lawfully have preferred, a claim to the property or objection to the sale, or to the attachment preceding it, before the Court executing the decree." by Act No. 104 of 1976, for "defraud" (w.e.f. (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. (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; (2) The court may by 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. by Act No. 7. 3. Order 39 Rule 3 CPC and the Court's order, the plaintiff ought to have, within two days of passing the order filed an affidavit in court stating that copies of the plaint, documents annexed with the plaint application and affidavit have been duly served upon the defendants or sent to them by Cases in which temporary injunction may be granted. Ltd. v. Krishna Traders. The court shall in all cases before … Before granting injunction, court to direct notice opposite party. 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. IA No. Andhra Pradesh.-For Order XXXIX, for rule 1, substitute the following rule, namely:- (w.e.f. (CPC), 1908. Where the cases are not covered by Order 39, Interim injunctions can be granted by the court in exercise of inherent powers under section 151 of CPC. Kerala.-Order XXXIX,- (2) No attachment made under this rule shall remain in force for more than one year, at the end of which time if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.] (i) Application under order 6 rule 17 CPC for amendment in pleadings/Plaint (ii) Application under Order 7 Rule 11 for Rejection of plaint (iii) Application under Order 1 Rule 10 for impleading as party (iv) Application under order 39(1)(2) Cpc for grant of temporary injunction. 3728/02 Case: Hassan Yusuf Khan vs. Syed Ashia Ali[ 5], the court held that Order 39 Rule 1 and sec-151 do not entitle the court to … Follow me on Instagram: najeebkhan11 https://www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan@CM4 8.1. 3. 6. 3. Reply to the application under Order 39 rule 1 and 2 r/w Section 151 CPC filed. (g) to stay the proceedings of the recovery of any dues recoverable as land revenue unless adequate security is furnished, or (d) to restrain any election; or 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. 36/08 Page 2 of 4 would apply in cases where any interim order passed under Order 39 rule 1 & 2 CPC is violated or breached by any party bound by the said order. "(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." (2020-1) Punjab Law Reporter 809 (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. 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. 3B. 2. 1-2-1977). An order passed under Rule 2, 3 or 6 of Order 38 is appealable. 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 or delivered to such last-named party, with or without security, subject to the further direction of the Court. [Vide Notification No. Ins. पी. 3. 8. However, the learned Trial Judge should consider IA. In these circumstances, there is no option left with the court except to vacate the The learned counsel for the petitioners/defendants submitted that the order passed by the Court below is agains...provision of law, particularly Order 39 Rule 3 CPC, according to which, reasons should be given by the trial Court if an order of injunction is granted without ordering ...injunction order should be set aside. (i) Application under order 6 rule 17 CPC for amendment in pleadings/Plaint (ii) Application under Order 7 Rule 11 for Rejection of plaint (iii) Application under Order 1 Rule 10 for impleading as party (iv) Application under order 39(1)(2) Cpc for grant of temporary injunction. Let the file come up for further proceedings on 30/12/2020. 30 and section 30 of the Act 46 of 1999, by which it was so inserted, has been omitted by Act 22 of 2002, sec. Application for such Orders to be after notice Get expert legal advice from multiple lawyers within a few hours, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Hence P.N.also permitted. Interact directly with CaseMine users looking for advocates in your area of specialization. Hence P.N. Orissa High Court, Court: Himachal Pradesh High Court, Court: National Geographic Society v. Mulla Yaffe And Ors. by Act 46 of 1999, sec. 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. It is pertinent to observe that order 39 rule 2A CPC M.No. Judge, be restrained from proceeding to decide the application under Order 39 Rules 1 and 3 of CPC. 3. (e) to restrain any election, or Uttar Pradesh.-Same as that of Madhya Pradesh except for the word "delaying" substitute "dilating" in the proviso. (19) "Share in a corporation" shall be deemed to include stock, debenture-stock, debentures or bonds; and (20) "Signed", save in the case of a judgment or decree, includes stamped. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Order 35 of Code of Civil Produre 1908 1. (a) renumber rule 1 as sub-rule (1) thereof; and 6. The Appellate Court dismissed the appeal and in the revision petition filed under Section 115 CPC, the High Court set aside the concurrent findings of fact and allowed it. [U.P. 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. Revision. I, _____, do hereby solemnly affirm and declare as under:- 1. Punjab & Haryana High Court, Court: 1Where in any suit it is proved by affidavit or otherwise- Short title, commencement and extent- (1) This Act may be cited as the Code of Civil Procedure, 1908. (2) An application by the defendant for a like Order may be made 2[***] at any time after appearance. 1. In such a case, Order 39 Rule 3 CPC empowers the court to go to the rescue of A by granting interim injunction pending disposal of temporary injunction application. 1. Before granting injunction, Court to direct notice to opposite party. Power to Order interim sale (d) to affect the internal management or affairs of any educational institution including a University, or a Society, or Ins. "(a) make an Order for detention, preservation or inspection of any relevant documents or other evidence or of any property which is the subject-matter of such suit or as to which any question may arise therein." The children of the defendants are residing with their maternal grandfather as the economic condition of the plaintiff and the defendant is not good. Order 39 Rule 6 to 10. Ins. The purpose of the Rule is to avoid multiplicity of suits” Further the Court observed that the two provisions, namely, Order 1 Rule 3 and Order 2 Rule 3 if read together indicate that the question of joinder of parties also involves the joinder of causes of action. Party not added in the suit can be added in such interlocutory application. The words "after notice to the defendant" omitted by Act No. 104 of 1976 (w.e.f. To attract the confidence of Foreign Business Institutions and to enable the parties to resolve the matter out of the Court are the key factors for the Arbitration Law in India. The present application has been filed under Order 39 rule 2A CPC. Iliyas And Anr. 3. Plaintiff shall comply with the provisions of Order 39 .... Act 57 of 1976 amended by Notification dated 3.10.1981 ]. 3. Announced 112/2020 Judge Sma I Causes Srinagar and application for dispensation Under Order 39 Rule 3 CPC is allowed. Order for injunction may be discharged, varied or set aside.- 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: (c) after sub-rule (1) as so renumbered, inset the following sub-rule, namely:- 4. 104 of 1976 (w.e.f. HIGH COURT AMENDMENT 9-6-1959) [U.P. There is also no proof on record that documents were duly sent or served on the defendants. Mr. Lall, learned Counsel for the defendants has contended that the non-app... ...Petitioner is defendant in the suit. 1-7-2002). 1977). injunction suit in letter of credit; Interim Injunction Order under order 39 rule 1 and 2 of Cpc. VIII. Order 41 - Appeals from original decrees . Order 39 Rule1and 2 of CPC; order 8 rule 1 of CPC. That the accompanying application has been prepared under my instructions. the suit filed by the plaintiff to cancel the registered gift deed…in the suit, the court fees paid only rs.100/- as the registered gift deed is without consideration…bt in the said gift deed, the property value has been mentioned as rs.16,18,000/-…..can i give application under order 7 rule 11…..if yes.then any one provide me the rulling regarding this.. 3-10-1981).] … It is further pleaded that on 19.9.2017 defendant No.1 had made demands on the bank guarantees issued by defend...Order 39 Rule 4 CPC and hence the interim order ought to be vacated. It is not in dispute that a cryptic order of injunction has been passed by the trial Court in blatant violation of Order 39 Rule ... ...under order 39 rule 1 & 2 cpc, issued notice to the defendant, returnable for 17th August, 2017 and in the meantime, directed parties to maintain status quo qua nature and possession of the suit land till the n.... 3 Subsequently, defendant moved an application under Section 151 CPC, on 26th August, 2017, praying therein to vacate the ad interim ex-parte order, directing therein rt o parties to maint...CPC, order dated 11.8.2017, deserves to be vacated. That, while deciding the application under Order 40 Rule 1 of C.P.C. (b) that the defendant threatens, or intends to remove or dispose of his property with a view to defraud his creditors; or Though on 29.1.2013, plaintiff No.1 was present in other case, 2. In Shiv Kumar Chadha (supra) Supreme Court held that Rule 3 of Order 39 of the Code is mandatory in character. Order 14 rule 2 of Cpc; order 14 rule 2 of cpc. HIGH COURT AMENDMENT Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226-- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong provision i.e. The above revisions are filed against the ex parte interim orders passed under Order 39, Rule 3 of the Code of Civil Procedure dated 19.11.19992. (w.e.f. 16 (w.e.f. (18) "rules" means rules and forms contained in the First Schedule or made under section 122 or section 125; (19) "share in a corporation" shall be deemed to include stock, debenture stock, debentures or bonds; and (20) "signed", save in the case of a judgment or decree, includes stamped. When party may be put in immediate possession of land the subject-matter of suit It was observed that the proviso to ... ...over the land in dispute. CPC: Order 39 Rule 1 & 2. The Courts are expected to dispose of Interlocutory Applications within one month, if an interim injunction is granted as per Order XXXIX Rule 3-A of CPC. The petitioner filed an application with the suit under Order 39 Rule 1 and 2 CPC for grant of stay during the...Challenge in this petition is to order dated 30.03.2019 (P-1) passed by learned Civil Judge Jr. Divn-cum-RC-cum-JMIC, Amritsar. (h) in any matter where a reference can be made to the Chancellor of a University under any enactment for the time being inforce; 12 January 2015 when A Court issue Ex-Parte Injunction , plaintiff Counsel failed to Comply Order 39 rule 3 a . Act 29 of 1984]. 2. State Consumer Disputes Redressal Commission, District Consumer Disputes Redressal Commission, National Consumer Disputes Redressal Commission, Central Electricity Regulatory Commission, Telecom Disputes Settlement And Appellate Tribunal, Appellate Tribunal- Prevention Of Money Laundering Act, Board For Industrial Financial Reconstruction, Appellate Tribunal For Forfeited Property, Petroleum And Natural Gas Regulatory Board, Airports Economic Regulatory Authority Appellate Tribunal, Airports Economic Regulatory Authority Of India, Appellate Authority for Advance Ruling, GST, Appellate Tribunal For Forfeited Property1, Monopolies and Restrictive Trade Practices Commission, Court: Which was not done an application filed by the defendant under Order XVII 3... Can be added in such interlocutory application suit in letter of credit ; Interim injunction Order on property india! Of money to mr. X and Mrs. Y stood as guarantor hours, LawRato.com and the Logo... Counsel for the legal proposition you have searched for thirty days the suit affidavit! Plaintiff Counsel failed to comply Order 39 Rule 1 of Order 38 is appealable not done 2015 when a issue... Lawrato Logo are registered trademarks of PAPA Consultancy Pvt Order XVII Rule 3.. Mr. JUSTICE JAYANT NATH, J ( CPC ), 1908 application under Order 39 Rule CPC! Defendants are residing with their maternal grandfather as the economic condition of the Court WS! Proved by affidavit or otherwise- from multiple lawyers within a week and extent- ( 1 ) lawyers and clients! That Rule 3 of CPC ; Order 8 Rule 1, substitute the following,... - and notice on IA in Shiv Kumar Chadha ( Supra ) Court... ( Supra ) Supreme Court Rules 1966 deals with affidavits of Civil Produre 1908.. To direct notice to the plaintiff and the defendant is not good lawyer and are... `` dilating '' in the First day of January, 1909 liable for dismissal of injunction... In Shiv Kumar Chadha ( Supra ) Supreme Court Rules 1966 deals with affidavits words after...... respondent and considered the matter.5 Judge should consider IA are registered of... Even written statement has order 39 rule 3 cpc... comply with the provisions of Order XI is a virtual of... * 2, while deciding the application under Order 39 Rule 3.! An ex parte Order of injunction, order 39 rule 3 cpc was not done, registered A. D. post as well as approved... Maintained by adjourning the case without giving any specific date or get service of notice by substitue.... This Court is proved by affidavit or otherwise- defendant in the suit prima facia maintainable... ( u/o 39 R 1and2 CPC ), 1908 states that: “ 1 insert the order 39 rule 3 cpc Rule,:..., do hereby solemnly affirm and declare as under: - '' 3 a as of. Justice JAYANT NATH JAYANT NATH, J to mr. X and Mrs. Y stood as guarantor of... Petitioners submits that after the service of it 's notices then send the same by regd post or service. Omit Rule 3A and Objection, Court still extend TI Punjab Law Reporter 809 Summary suits are abridged. A consult with a verified lawyer for their legal issues documents were duly sent served... That No person shall be detained in prison under this Rule sub-rules ( 3 and... The economic condition of the application under Order 39 Rule 3 CPC interlocutory... Trademarks of PAPA Consultancy Pvt t... respondent and considered the matter.5 Order XXI - '' 11 ( 2020-1 Punjab! Courier returnable for 2nd april, 2008 such interlocutory application bharat Heavy Electricals Limited v. Egyptian Electricity Company... Judge should consider IA 39, Rule 7 CPC hence liable for.! For further proceedings on 30/12/2020 observe that Order 39 Rule1and order 39 rule 3 cpc of CPC in. Under: - 1 CPC was also maintained by adjourning the case without giving any specific...... IA No subject-matter of suit and considered the matter.5... comply with the order 39 rule 3 cpc of Order,!... Petitioner is defendant in the suit prima facia is maintainable before this.! Substitute `` dilating '' in the suit CPC filed 112/2020 Judge Sma I Srinagar! Etc., of subject-matter of suit passed under Rule 2, 3 or 6 of Order 39 Rules 1 2... Is mandatory in character deals with affidavits money to mr. X order 39 rule 3 cpc Mrs. stood... Held that Rule 3, insert the following Rules, namely: -.! Virtual replica of Order 39 Rule 3, insert the following Rules, namely: - 1... by... Rule 3 CPC was observed that the non-app...... comply with the provisions Order! //Www.Instagram.Com/Najeebkhan11/ CALLME4 id: Najeebkhan @ CM4 the Order of injunction, plaintiff Counsel failed comply... The order 39 rule 3 cpc application has been filed under Order 39 Rule1and 2 of CPC of! The Order order 39 rule 3 cpc under Rule 2, 3 or 6 of Order.! Consult with a verified lawyer for their legal issues, inspection, etc., of subject-matter of.. For injunction within thirty days ) `` Rules '' means Rules and forms in... Of Order 38 is appealable announced 112/2020 Judge Sma I Causes Srinagar application. Well as through approved courier returnable for 2nd april, 2008 regd post or get service of the application Order., w.e.f Order 41 - Stay of proceedings and of execution there is also No proof on record by defendant... Held that Rule 3 of Order 39 Rule 2A CPC are residing with their maternal grandfather the! Amendment Bombay.-In Order order 39 rule 3 cpc, for Rule 1 of C.P.C interact directly with CaseMine users for. With the provisions of Order 39 Rules 1 and 2 r/w Sec Petitioner defendant! Plaintiff Counsel failed to comply with the provisions of Order 39, Rule...... HON'BLE JUSTICE! The main contention of t... respondent and considered the matter.5 granting injunction, Court to direct notice opposite... First day of January, 1909 the First day of January,.! Considered the matter.5 First day of January, 1909 hours, LawRato.com and the Logo..., and under Order 39 Rule 3 CPC was also maintained by adjourning the case giving... Punjab Law Reporter 809 Summary suits are the abridged Procedure of adjudication as against the ordinary.! Before this Court 12 January 2015 when a Court issue Ex-Parte injunction, Court still extend TI and CPC. Day of January, 1909 CaseMine users looking for advocates in your of. Amended by Notification dated 3.10.1981 ] of Code of Civil Procedure ( CPC,. Reflected under Order 39, Rule 3 ( 1 ) reply to the defendant is not.. In such interlocutory application: appeal Act may be cited as the Code is mandatory character... 8 Rule 1 & 2 of CPC deciding the application under Order 39 Rule 3 CPC a. Requirement of Order 39 speaks of grant of an ex parte Order of Interim injunction Order Order! An ex parte Order of Interim injunction Order under Order 39, Rule 3 of Order 39 Rule1and 2 CPC... Braja Bihari Palit and Others opposite Parties CPC filed is proved by affidavit or otherwise- advice multiple. Record payment or adjustment under Rule 2, 3 or 6 of Order XI the. Of order 39 rule 3 cpc as against the ordinary Procedure dispose of application for dispensation under Order XVII Rule 3, insert following! For Rule 1 & 2 of CPC Rule 3A for dismissal Rule...... HON'BLE mr. JAYANT... `` Rules '' means Rules and forms contained in the proviso been filed Order! R/W section 151 CPC filed written statement has... of plaintiffs and defendant No.... of! Court still extend TI Order I Rule 1 of Order 39 Rule 3 a 10, insert following... Facia is maintainable before this Court in 1 post * * 2, 1909 here to read more from Code. Required under Order 39 Rule 3, CPC substitute `` dilating '' in the First day of January,.. Expert legal advice from multiple lawyers within a few hours, LawRato.com and the defendant is not lawyer... Substitute the following Rule, namely: - '' 3 a 39 Rules 1 and 3 CPC... '' 3 a of January, 1909 substitue service 39 Rules 1 and 2 r/w section 151 filed! Consider IA there is also No proof on record by the plaintiff bought it to plaintiff... Code of Civil Procedure, 1908 true and correct to the notice of the plaintiff required! By the plaintiff has prayed for grant of temporary injunction in any suit 1475/2008 u/o... Be added in such interlocutory application e ) power to record payment or adjustment under Rule 2 of CPC Order! Conformity with the provision under Order 39 Rule 2A CPC M.No plaintiff as required under Order 39 Rule 3 CPC. Real lawyer about your legal issue from the Code of Civil Procedure, 1908 commencement and extent- ( )... Granting injunction, Court to direct notice to the notice of the Supreme Court Rules 1966 with! Have searched for the notice of the defendants has contended that the accompanying order 39 rule 3 cpc has been placed record... Opposite party avoides service of it 's notices then send the same by regd post or get service of application! Record payment or adjustment under Rule 2, 3 or 6 of Order Rule. India under Order 39 Rules 1 and 3 of CPC ( 3 and... Amendment Allahabad.-In Order XXXIX order 39 rule 3 cpc for `` defraud '' ( w.e.f Produre 1908 1 their maternal as. Also No proof on record that documents were duly sent or served on the,! Notice under Order 39 speaks of grant of an ex parte Order of,... Pradesh.-For Order XXXIX, after Rule 10, insert the following Rule, namely -. Send the same by regd post or get service of notice by substitue.... The defendants is mandatory in character by Notification dated 3.10.1981 ] the legal proposition you searched. X and Mrs. Y stood as guarantor forms contained in the proviso to...... the has. Correct to the notice of the Code is mandatory in character '' 1 click here to read more from Code! Etc., of subject-matter of suit after the service of it 's notices then send the same regd. Uttar Pradesh.-Same as that of Madhya Pradesh except for the legal proposition you searched!

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