Order XXXIX CPC: Interlocutory Orders - Rules 6 to 10
Rules 6 to 10 of Order XXXIX of the Code of Civil Procedure, 1908 deal with interlocutory orders concerning interim sale, detention, preservation and inspection of property, notice before such orders, possession of revenue-paying land and deposit or delivery of money or other property in Court.
Rule 6 - Power to order interim sale
The Court may, on the application of any party to a suit, order the sale, by any person named in the order and in such manner and on such terms as it thinks fit, of any movable property which is the subject-matter of the suit or is attached before judgment in the suit and 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.
Rule 7 - 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 the suit, or as to which any question may arise in the suit;
- (b)authorise any person, for those purposes, to enter upon or into any land or building in the possession of another party to the suit; and
- (c)authorise samples to be taken, observations to be made or experiments to be tried where necessary or expedient for obtaining full information or evidence.
(2) The provisions relating to execution of process apply, mutatis mutandis, to persons authorised to enter under this rule.
Rule 8 - 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, the Court shall direct notice of the application to the opposite party, except where it appears that the object of making the order would be defeated by delay.
Rule 9 - 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, and the party in possession neglects to pay the Government revenue or the rent due to the proprietor of the tenure so that the land or tenure is ordered to be sold, another party to the suit claiming an interest in the land or tenure may, upon payment of the revenue or rent due before the sale and with or without security at the discretion of the Court, be put in immediate possession.
The Court may, in its decree, award against the defaulter the amount so paid with interest at such rate as the Court thinks fit, or charge that amount and interest in any adjustment of accounts directed by the decree.
Rule 10 - Deposit of money, etc., in Court
Where the subject-matter of a suit is money or another thing capable of delivery and a party admits that he holds it as trustee for another party, or that it belongs or is due to another party, the Court may order the money or thing to be deposited in Court or delivered to that other party, with or without security, subject to the further direction of the Court.
Official text and related provisions
For the authoritative central text and the complete Order XXXIX, refer to the official India Code publication of the Code of Civil Procedure, 1908.