ORDER XXXIX INTERLOCUTORY ORDERS - RULE 6, 7, 8, 9, 10 OF CODE OF CIVIL PROCEDURE 1908

What is the Power to order interim sale? What is Detention preservation, inspection, etc., of subject-matter of suit? What is the meaning of Application for such orders to be after notice? When party may be put in immediate possession of land the subject-matter of suit? What is Deposit of money, etc. in Court? Rule 6, 7, 8, 9 and 10 of Order XXIX of Code of Civil Procedure 1908

Power to order interim sale, Detention preservation, inspection, etc., of subject-matter of suit, Application for such orders to be after notice, When party may be put in immediate possession of land the subject-matter of suit and Deposit of money, etc. in Court are defined under Rule 6, 7, 8, 9 and 10 of Order XXIX of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 6 Order XXIX of Code of Civil Procedure 1908 "Power to order interim sale"

The Court may, on the applicator of any party to a suit, order the sale, by an 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 for any other just and sufficient cause it may be desirable to have sold. at once.

Rule 7 Order XXIX of Code of Civil Procedure 1908 "Detention preservation, inspection, etc., of subject-matter of suit"

(1) The Court may, on the application of any party to a suit, and on such terms as it 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;

(b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or building in the possession of' any other party to such suit; and

(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.

(2) The provisions as to execution of process shall apply, mutatis mutandis , to persons authorized to enter under this: rule.

Rule 8 Order XXIX of Code of Civil Procedure 1908 "Application for such orders to be after notice"

(1) An application by the plaintiff for an order under rule 6 or rule 7 may be made at any time after institution of the suit.

(2) An application by the defendant for a like order may be made at any time after appearance.

(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 he defeated by the delay, direct notice thereof to be given to the opposite party.

Rule 9 Order XXIX of Code of Civil Procedure 1908 "When party may be put in immediate possession of land the subject-matter of suit"

Where land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in possession of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or rent due previously to the sale (and with or without security at the discretion of the Court), be put in immediate possession of the land or tenure;

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.

Rule 10 Order XXIX of Code of Civil Procedure 1908 "Deposit of money, etc. in Court"

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.

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