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 XXXIX of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 6 Order XXXIX 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 XXXIX 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 XXXIX 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 XXXIX 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 XXXIX 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.
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
