ORDER XXXIX TEMPORARY INJUNCTIONS - RULE 1, 2, 2A, 3,
3A, 4, 5 OF CODE OF CIVIL PROCEDURE 1908
What are the Cases in which temporary injunction may be
granted? What is Injunction to restrain repetition or
continuance of breach, Consequence of disobedience or breach
of injunction, Before granting injunction? Is Court to
direct notice to opposite party? Is Court to dispose of
application for injunction within thirty days? Can Order for
injunction may he discharged, varied or set aside? Is
Injunction to corporation binding on its officer? Rule
1, 2, 2A, 3, 3A, 4 and 5 of Order XXXIX of Code of Civil Procedure 1908
Cases in which temporary injunction may be granted,
Injunction to restrain repetition or continuance of
breach, Consequence of disobedience or breach of
injunction, Before granting injunction, Court to direct
notice to opposite party, Court to dispose of
application for injunction within thirty days, Order for
injunction may he discharged and varied or set abide,
Injunction to corporation binding on its officer are defined under Rule
1, 2, 2A, 3, 3A, 4, and 5 of Order XXXIX of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 1 Order XXXIX of Code of Civil Procedure 1908 "Cases
in which temporary injunction may be granted"
Where in any suit it is proved by affidavit or otherwise
(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
(b) that the defendant threatens, or intends, to remove or
dispose of his property with a view to defrauding his
creditors,
(c) that the defendant threatens to dispossess, the
plaintiff or otherwise cause injury to the plaintiff in
relation to any properly in dispute in the suit,
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 dispossession of the property 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 tile disposal of
the suit or until further orders.
Rule 2 Order XXXIX of Code of Civil Procedure 1908 "Injunction
to restrain repetition or continuance of breach"
(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 judgement, 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 cut of the same contract or relating to the same
property or right.
(2) The Court may be order grant such injunction, on such
terms as to the of the durations injunction, keeping an
account, giving security, or otherwise, as the Court thinks
fit.
Rule 2A Order XXXIX of Code of Civil Procedure 1908 "Consequence
of disobedience or breach of injunction"
(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 detained in the civil prison for a
term not exceeding three months, unless in the meantime the
Court directs his release.
(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.
Rule 3 Order XXXIX of Code of Civil Procedure 1908 "Before
granting injunction, Court to direct notice to opposite
party"
The Court shall in all cases, 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 give to the opposite
party:
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-
(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-
(i) a copy of the affidavit filed in support of the
application;
(ii) a copy of the plaint; and
(iii) copies of documents oil which the applicant relies,
and
(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.
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.
Rule 4 Order XXXIX of Code of Civil Procedure 1908 "Order
for injunction may he discharged, varied or set abide"
Any order for an injunction may be discharged, or varied,
or set aside by the Court, on an application thereto by any
party dissatisfied with such order :
Provided that if in an application for temporary injunction
or in any affidavit supporting such application a party his
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 riot necessary so to do in the
interests 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.
Rule 5 Order XXXIX of Code of Civil Procedure 1908 "Injunction
to corporation binding on its officer"
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.
ORDER XXXI SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND
ADMINISTRATORS
What is Representation of beneficiaries in suits concerning
property vested in trustees, etc.? What is Joinder of
trustees, executors and administrators? Is Husband of
married executrix not to join? Rule
1, 2 and 3 of Order XXXI of Code of Civil Procedure 1908
ORDER XXXII SUITS BY OR AGAINST MINORS AND
PERSONS OF UNSOUND MIND
Can Minor to sue by next friend? Where suit is
instituted without next friend, plaint to be taken
off the file? Security to be furnished by next
friend when so ordered, Should Guardian for the suit
to be appointed by Court for minor defendant? Who
may act as next friend or be appointed guardian for
the suit? Representation of minor by next friend or
guardian for the suit, Receipt by next friend or
guardian for the suit of property under decree for
minor, Agreement or compromise by next friend or
guardian for the suit, Retirement of next friend? Rule
1, 2, 3, 4, 5, 6, 7 and 8 of Order XXXII of Code of Civil Procedure 1908
What is Removal of next friend? What is Stay of
proceedings on removal, etc., of next friend? How is
the Retirement, removal or death of guardian for the
suit? What is the Course to be followed by minor
plaintiff or applicant or attaining majority? Where
minor co-plaintiff attaining majority desires to
repudiate suit? What is Unreasonable or improper
suit? Rules 1 to 14 (except rule 2A) to apply to
persons of unsound mind, Savings, Rule
9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Order XXXII of Code of Civil Procedure 1908
ORDER XXXII A SUITS RELATING TO MATTERS
CONCERNING THE FAMILY
What is Application of the Order? Are Proceedings to
be held in camera? What is the Duty of Court to make
efforts for settlement? How to get Assistance of
welfare expert? What is the Duty to inquire into
facts? What is "Family"-meaning of? Rule
1, 2, 3, 4, 5 and 6 of Order XXXII A of Code of Civil Procedure 1908
ORDER XXXIII SUITS BY INDIGENT
PERSONS
What is the meaning of Suits may be instituted by indigent
person? What Inquiry into the means of an indigent person?
What is Contents of application? What is Presentation of
application? What is Examination of applicants? What is
Rejection of application? What is Notice of day for
receiving evidence of applicant's indigency? Rule
1, 2, 3, 4, 5 and 6 of Order XXXIII of Code of Civil Procedure 1908
What is the Procedure at hearing? What is the Procedure if
application admitted? What is Withdrawal of permission to
sue as an indigent person? What is Costs where indigent
person succeeds? What is the Procedure where Indigent person
fails? What is the Procedure where indigent persons suit
abates? State Government may apply for payment of court-fees Rule
7, 8, 9, 10, 11 and 12 of Order XXXIII of Code of Civil Procedure 1908
State Government to be deemed a party? How to do Recovery of
amount of court-fees? What is Refusal to allow applicant to
sue as indigent person to bar subsequent application of like
nature? What is Grant of time for payment of court-fee?
Costs, How to Defence by an indigent person? What is the
Power of Government to provide for free legal services to
indigent person? Rule
13, 14, 15, 16, 17 and 18 of Order XXXIII of Code of Civil Procedure 1908
ORDER XXXIV
SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY
Who are the Parties to suits for foreclosure sale and
redemption? What is Preliminary decree in foreclosure suit?
What is Final decree in foreclosure suit? What is
Preliminary decree in suit for sale? What is Final decree in
suit for sale? What is Recovery of balance due on mortgage
in suit for sale? What is Preliminary decree in redemption
suit? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XXXIV of Code of Civil Procedure 1908
What is Final decree in redemption suit? What is Recovery of
balance due on mortgage in suit for redemption? What is
Decree where nothing is found due or where mortgagee has
been overpaid, Costs of mortgagee subsequent to decree? What
is Power of Court to direct mortgagee to pay mesne profits?
What is Payment of interest? What is Sale of property
subject to prior mortgage? What is Application of proceeds?
What is Suit for sale necessary for bringing mortgaged
property to sale? What is Mortgages by the deposit of title
deeds and charges? Rule
8, 9, 10, 11, 12, 13, 14 and 15 of Order XXXIV of Code of Civil Procedure 1908
ORDER XXXV
INTERPLEADER
What is Plaint in interpleader-suit? Payment of thing
claimed into Court, What is the Procedure where defendant is
suing plaintiff? What is the Procedure at first hearing? Can
Agents and tenants may not institute interpleader suits?
What is Charge for plaintiff's costs? Rule
1, 2, 3, 4, 5 and 6 of Order XXXV of Code of Civil Procedure 1908
ORDER XXXVI
SPECIAL CASE
What is the Power to state case for Courts opinion? Where
value of subject-matter must be stated? Rule
1 and 2 of Order XXXVI of Code of Civil Procedure 1908
ORDER XXXVII
SUMMARY PROCEDURE
What are the Court and classes of suits to which the Order
is to apply? What is the process for Institution of summary
suits? What is the Procedure for the appearance of
defendant? What is the Power to set aside decree? What is
the Power to order bill, etc., to be deposited with officer
of Court? What is Recovery of cost of noting non-acceptance
of dishonoured bill or note? What is the Procedure in suits? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XXXVII of Code of Civil Procedure 1908
ORDER XXXVIII
ARREST AND ATTACHMENT BEFORE JUDGMENT
Where defendant may be called upon to furnish security for
appearance? Security, What is Procedure on application by
surety to be discharged? Procedure Where defendant fails to
furnish security or find fresh security? Rule
1, 2, 3, and 4 of Order XXXVIII of Code of Civil Procedure 1908
Where defendant may be called upon to furnish security for
production of property? Attachment where cause not shown or
security not furnished? What is the Mode of making
attachment? What is Adjudication of claim to property
attached before judgment? How is Removal of attachment when
security furnished or suit dismissed? What is Attachment
before judgment not to affect rights of strangers, nor bar
decree -holder from applying for sale? What is the meaning
Property attached before judgment not to be re-attached in
execution of decree? What are the Provisions applicable to
attachment? Is Agriculture produce not attachable before
judgment? Is Small Cause Court not to attach immovable
property? Rule
5, 6, 7, 8, 9, 10, 11, 12 and 13 of Order XXXVIII of Code of Civil Procedure 1908
ORDER XXXIX
TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
What are the Cases in which temporary injunction may be
granted? What is Injunction to restrain repetition or
continuance of breach, Consequence of disobedience or breach
of injunction, Before granting injunction? Is Court to
direct notice to opposite party? Is Court to dispose of
application for injunction within thirty days? Can Order for
injunction may he discharged, varied or set aside? Is
Injunction to corporation binding on its officer? Rule
1, 2, 2A, 3, 3A, 4 and 5 of Order XXIX 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
ORDER XL
APPOINTMENT OF RECEIVERS
What is the process of Appointment of receivers?
Remuneration, Duties, How to do Enforcement of receiver's
duties? When Collector may be appointed receiver? Rule
1, 2, 3, 4 and 5 of Order XL of Code of Civil Procedure 1908
