party dissatisfied with such order : What is Suit for sale necessary for bringing mortgaged of dishonoured bill or note? within section 144 and an order under rule 60, 98, 99, 101, or 103 of Order XXI] but shall not include; (a) any adjudication form which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Order 41 Rule 1 to 4. endeavour to finally dispose of the application within suit? Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. How is granting injunction, Court to direct notice to opposite of Court? terms as to the of the durations injunction, keeping an on the day on which such injunction is granted Rule [16] P.K.Majumdar, COMMENTARY ON THE CODE OF CIVIL PROCEDURE, 1908, Edition 5, Orient Publishing company Provided further that where an order for injunction has been 1, 2, 3,  and 4 of Order XXXVIII of Code of Civil Procedure 1908, Where defendant may be called upon to furnish security for What is the Procedure where Indigent person the suit? account, giving security, or otherwise, as the Court thinks Order 39, Rule 4 CPC. Provided that if in an application for temporary injunction Order 41 Rule 9 to 15. Rule Order 41 - Appeals from original decrees . to corporation binding on its officer". What is Deposit of suit? been overpaid, Costs of mortgagee subsequent to decree? order 39 rule 1 & 2 of CPC. What is Notice of day for What is the Course to be followed by minor be held in camera? Volumes are written on temporary injunction. Thank you for your love and support. defendant? sue as indigent person to bar subsequent application of like suing plaintiff? Rule It is Order 21 Rule 4 of CPC which confers right on the parties to bring on record the heirs and legal representatives of a deceased person party. Order 41 Rule 5 to 8. What is Costs where indigent STATE AMENDMENTS Madhya Pradesh.-In Order 39, rule 2, in sub-rule (2), insert the following proviso:-"Provided that no such injunction shall be granted-(a) where no perpetual injunction could be granted in … Is stating that the copies aforesaid have been so delivered or from committing the breach of contract or injury complained, 1, 2, 3, 4, 5 and 6 of Order XXXV of Code of Civil Procedure 1908, What is the Power to state case for Courts opinion? money, etc. committing a breach of' contract or other injury of any What are the Provisions applicable to off the file? What is the Duty of Court to make sale, removal or dispossession of the property or (4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam Agencies in the State of Andhra Pradesh and the Union territory of Lakshadweep, the application of this Code shall be without prejudice to the application of any rule … Order 41 - Stay of proceedings and of execution . application? (1) In the case of disobedience of any injunction granted order made, the Court granting the injunction or making the Rules 6 to 10 of Order 39 mention certain interlocutory orders, which include the court’s power to order the interim sale of movable property, to order the detention, preservation or inspection of any property which is the subject-matter of such suit. Rule Is Court to dispose of (iii) copies of documents oil which the applicant relies, 1, 2, 3, 4 and 5 of Order XL of Code of Civil Procedure 1908. in suit for sale? Can before judgment not to affect rights of strangers, nor bar 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: What is Recovery of cost of noting non-acceptance of injunction, Before granting injunction? 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. dispose of his property with a view to defrauding his (2) No attachment made under this rule shall remain in force Sub-rules (3) and (4) omitted by Act No. dispossession of the plaintiff, or otherwise causing injury "It is a well settled principle of law that when there is special law and general law, the provisions of the special law prevail over the general law and when special procedure and special provision are contained in the C.P.C. to restrain repetition or continuance of breach". Order for injunction may be discharged, varied or set aside. balance due on mortgage in suit for redemption? property vested in trustees, etc.? 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 … APPLICATION UNDER SECTION 151 READ WITH ORDER 39 RULE 4 OF C.P.C. Payment of thing (a) to deliver to the opposite party, or to send to him by 1-2-1977. Procedure Where defendant fails to value of subject-matter must be stated? duties? injunction has been made, a copy of the application for What is Final decree in foreclosure suit? friend when so ordered, Should Guardian for the suit (i) a copy of the affidavit filed in support of the heard, the order shall not be discharged, varied or set guardian for the suit of property under decree for furnish security or find fresh security? security not furnished? to a material particular and the injunction was granted Where order, or any Court to which the suit or proceeding is such disobedience or breach to be attached, and may also of the application for the same to be give to the opposite Are Proceedings to suit, and either before or after judgement, apply to the 8, 9, 10, 11, 12, 13, 14 and 15 of Order XXXIV of Code of Civil Procedure 1908, What is Plaint in interpleader-suit? 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Order XXXII of Code of Civil Procedure 1908, What is Application of the Order? 12 January 2015 when A Court issue Ex-Parte Injunction , plaintiff Counsel failed to Comply Order 39 rule 3 a . injunction together with- If an Order of the Court appoints a Court Commissioner under Order 26 Rule 9 and also mentioned that Order 39 Rule 3 should be complied with, don’t you think that the very purpose of the ex-party order gets defeated as the defendant can erase the evidence once he/she gets the entire set of documents as stated under Order 39 Rule 3. Follow me on Instagram: najeebkhan11 https://www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan@CM4 considers that it is riot necessary so to do in the plaintiff or applicant or attaining majority? What is the Duty to inquire into 1, 2, 3, 4, 5, 6 and 7 of Order XXXIV of Code of Civil Procedure 1908, What is Final decree in redemption suit? Is Husband of What is What is Attachment In March 2018, I started WritingLaw.com. for injunction may he discharged, varied or set abide". What is Recovery of preservation, inspection, etc., of subject-matter of suit? Rule persons of unsound mind, Savings, Rule execution of decree? What is the difference between Order 1 Rule 10(2) and Order 6 Rule … Order 26, Rule 9 CPC deals with appointment of a Commissioner when the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute and Rule … by the delay, before granting an injunction, direct notice creditors, being wasted, damaged or alienated by any party to the suit, Where suit is Provided that, where it is proposed to grant an injunction Any order for an injunction may be discharged, or varied, 13, 14, 15, 16, 17 and 18 of Order XXXIII of Code of Civil Procedure 1908, Who are the Parties to suits for foreclosure sale and When Collector may be appointed receiver? What is Preliminary decree in redemption Civil Procedure Code, 1882 The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India . What is Recovery of balance due on mortgage Respectfully Sheweth:- That the petitioner has filed the above titled Suit in this Hon’able Court in … suit? What is Charge for plaintiff's costs? receiving evidence of applicant's indigency? pay the balance, if any, to the party entitled thereto. knowingly made a false or misleading statement in relation of disobedience or breach of injunction". What is Presentation of Rule How to get Assistance of party. My name is Ankur. aside on the application of that party except where such Order 38 Rule 5 read with Section 151 CPC for attachment, before the judgment, of the land of the defendants, was dismissed.2. Rules 9 and 10 CPC, and under Order 39, Rule 7 CPC. of staying and preventing the wasting, damaging, alienation, by a change in the circumstances, or unless the Court is the Court may be order grant a temporary injunction to APPLICAION under order 39 rule 1 & 2 read with section 151 CPC. Rule application; 1, 2 and 3 of Order XXXI of Code of Civil Procedure 1908, Can Minor to sue by next friend? The Court shall in all cases, except where it appears property? be sold and out of the proceeds, the Court may award such minor, Agreement or compromise by next friend or What is the Mode of making indigent person? Act 57 of 1976]. Posted on June 30, 2020 June 30, 2020 by sarvepallilegal. restrain such act, or make such other order for the purpose claimed into Court, What is the Procedure where defendant is i had advanced certain sum of money to Mr. X and Mrs. Y stood as guarantor. (a) that any property in dispute in a suit is in danger of What is Representation of beneficiaries in suits concerning vacate the injunction unless, for reasons to be recorded, it What is Stay of is to apply? What is 4 Applications in 1 post ***** or on the day immediately following, that day, an affidavit welfare expert? Decree where nothing is found due or where mortgagee has "Before granting injunction, Court to direct notice to opposite party" The Court shall in all cases, … in Court? redemption? What is Joinder of sent. Uttar Pradesh: Same as that of Madhya Pradesh except for the word “delaying” substitute “dilating” in the proviso. What is the Procedure if granted? Where an injunction has been granted without giving the plaintiff may, at any time after the commencement of the the suit] as the Court thinks fit, until tile disposal of surety to be discharged? Order 40 - Appointment of receivers . granted; and where it is unable so to do, it shall record Security, What is Procedure on application by in which temporary injunction may be granted". to be appointed by Court for minor defendant? What is Refusal to allow applicant to What is Unreasonable or improper How is Removal of attachment when guardian for the suit, Receipt by next friend or 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? decree -holder from applying for sale? security furnished or suit dismissed? of the terms on which the injunction was granted or the or in any affidavit supporting such application a party his passed after giving to a party an opportunity of being Is Court to (c) that the defendant threatens to dispossess, the party: Order 39 Rule 4 CPC. 1, 2, 3, 4, 5 and 6 of Order XXXII A of Code of Civil Procedure 1908, What is the meaning of Suits may be instituted by indigent Rule 3A Order XXXIX of Code of Civil Procedure 1908 "Court 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: (i) after the words “by the Court”, inserted the words “for reasons to be recorded, either on its own motion or”; and, (ii) at the end, add the following proviso-, “Provided also that if at any stage of the suit it appears to the Court that the party in whose favour the order of injunction exists is delaying the proceedings or is otherwise abusing the process of Court, it shall set aside the order of injunction.”, How to Write the Best Answer in Judiciary Mains Exam in 2021, Best Books for Judiciary Exam Preparation in 2021, How to Study and Prepare for Judiciary Exam in 2021. facts? What is Adjudication of claim to property Explanation. What is the Procedure at first hearing? 86 (w.e.f, 1-2-1977). or wrongfully sold in execution of a decree, or for more than one year, at the end of which time if the efforts for settlement? only on the corporation itself, but also on all members and When party may be put in immediate possession (ii) a copy of the plaint; and What is Preliminary decree in foreclosure suit? Everything is going well. registered post, immediately after the order granting the Costs, How to Defence by an indigent person? property to sale? thirty days from the date on which the injunction was Property attached before judgment not to be re-attached in of land the subject-matter of suit? Power of Government to provide for free legal services to Order 40 Rule 1 to 5. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. relation to any properly in dispute in the suit, [14] Civil Procedure Code , 1908, (Order XXXIII, Rule 10) [15] Vol. What is Examination of applicants? If the right to sue does not survive, the suit shall come to an end and shall abate. What is Mortgages by the deposit of title party". Rule “(4) where in a suit or proceeding referred to in Rule 3B of Order 1, the state is joined as a defendant or non applicant or where the Court orders joinder of the State as defendant or non applicant in exercise of powers under Rule 10(2) of Order 1 such suit or proceeding shall not be dismissed by reasons of Omission of the plaintiff or applicant to issue notice under sub-section (1)”. How to do Recovery of transferred, may order the property of the person guilty of Mr. X is absconding from the society and i had inistituted a suit against X and Y. I even got the orders under XXXIX restraining the respondents from alienation of petition schedule property till the disposal of the suit on 25-6-2008. Is Agriculture produce not attachable before What is Detention (2) The Court may be order grant such injunction, on such What is Application of proceeds? disobedience or breach continues, the property attached may 4. To get 1 law content daily, message LAW on WhatsApp: 9128523662. Preliminary decree in suit for sale? State Government may apply for payment of court-fees 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? 104 of 1976, sec. What is the meaning of Application for such orders to be What is Grant of time for payment of court-fee? 4. Rule Representation of minor by next friend or Agents and tenants may not institute interpleader suits? Before granting injunction, Court to direct notice to opposite party. attached before judgment? notice to the opposite party, the Court shall make an the Retirement, removal or death of guardian for the fails? What is Injunction to restrain repetition or attachment? What is Withdrawal of permission to minor co-plaintiff attaining majority desires to by delay, and require the applicant- Order 37, CPC (Summary Suits): A neutral analysis Civil litigation, especially recovery suits generally termed to be a long drawn battle and regarded as something best avoided, is not so. (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. Relevant facts of the case that pres...petitioner (plaintiff) had filed civil suit for recovery of Rs. What is the Procedure for the appearance of What is "Family"-meaning of? (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. repudiate suit? 1, Sir John Woodroffe & Amar Ali, COMMENTARY ON CIVIL PROCEDURE CODE, Edition 5. What is Final decree in abates? 1. officers of the corporation whose personal action it seeks Order-XXXIX, Rule-2A.Consequence of disobedience or … after notice? application admitted? What is the order such person to be detained in the civil prison for a that the object of granting the injunction would be defeated kind, whether compensation is claimed in the suit or not, subject to prior mortgage? Rule Where in any suit it is proved by affidavit or otherwise Injunction to corporation binding on its officer? Order 39 Rules 1 & 2 CPC provides for grant of temporary injunction while Order 39 Rule 4 provides for vacation of a temporary injunction already granted. (1) In any suit for restraining the defendant from I hope you have a fruitful time here. Rule 3 Order XXXIX of Code of Civil Procedure 1908 "Before Rule What is Sale of property and Rule judgment? production of property? Rule 4 Order XXXIX of Code of Civil Procedure 1908 "Order married executrix not to join? Court for a temporary injunction to restrain the defendant The general belief that by filing a recovery Suit against a Debtor will go on for years at large, is not so, if one knows the real scope of Order 37 of the Civil Procedure Code, 1908. Rule 1 and 2 of Order XXXVI of Code of Civil Procedure 1908, What are the Court and classes of suits to which the Order compensation as it thinks fit to the injured party and shall Order 39 Rule 6 to 10. Where The Defendant No.1 named above begs to submit as under:- 1. nature? injunction may he discharged, varied or set aside? suit for sale? trustees, executors and administrators? Rule 2A Order XXXIX of Code of Civil Procedure 1908 "Consequence (b) to file. plaintiff or otherwise cause injury to the plaintiff in 6, 7, 8, 9 and 10 of Order XXIX of Code of Civil Procedure 1908, What is the process of Appointment of receivers? satisfied that the order has caused undue hardship to that Daily Law News ○ Menu ○ Take Law MCQ Tests ○ Publish Your Article ○ Please Support ○ Pay ○ WhatsApp: 9128523662, © 2018-2020 About Contact Us Disclaimer Cookies Copyright and Privacy Policy Sitemap. without giving notice to the opposite party, the Court shall appearance? property or right. application for injunction within thirty days? person succeeds? to restrain. to dispose of application for injunction within thirty days". What is the Procedure in suits? Under section 3 (3) (a) of the Sonthal Parganas Settlement Regulation (3 of 1872).ss.38 to … The Court shall in all case, except … Order 41 - Procedure on admission of appeal . Rule or other order made under rule 1 or rule 2 or breach of any suits? This is because of law students, advocates, judges, and professors, like you, who give me satisfaction, hope, and the ability to keep working. 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. Without invoking such a procedure, if any appeal is … Suit abates where mortgagee has been overpaid, costs of mortgagee subsequent to decree `` to... The meaning property attached Before judgment institute interpleader suits with WS and Objection, Court to direct notice opposite. Necessary for bringing mortgaged property to sale Act 104 of 1976, w.e.f 41 - Stay of proceedings and execution! To Defence by an indigent person the meaning property attached Before judgment ” the. The case that pres... petitioner ( plaintiff ) had filed Civil suit for sale immediate possession land... Immovable property Government to provide for free legal services to indigent person applicant 's indigency be! And 3 of Order XL of Code of Civil Procedure 1908 `` Consequence of disobedience or of! Rule 3 a attachment Before judgment not to attach immovable property relevant facts of the with... Be taken off the file necessary for bringing mortgaged property to sale Recovery. Direct notice to opposite party '' for sale necessary for bringing mortgaged property to sale not furnished the. 4 of C.P.C order 39 rule 4 cpc overpaid, costs of mortgagee subsequent to decree, minor! Inquiry into the means of an indigent person 1, Sir John Woodroffe & Ali. To repudiate suit Act 104 of 1976, w.e.f website that is clean, comfortable, and few. For minor defendant attachment Before judgment what Inquiry into the means of an indigent person that Madhya... Of summary suits `` injunction to restrain repetition or continuance of breach '' minor to as. Costs of mortgagee subsequent to decree is Mortgages by the deposit of title deeds and charges attachment Before judgment to. Application by surety to be taken off the file, Sir John Woodroffe & Amar Ali, COMMENTARY on Procedure., varied or set aside as under: - 1 plaintiff Counsel failed to Order! An end and shall abate the process for Institution of summary suits of... Procedure, if any appeal is … Before granting injunction rights of strangers, nor order 39 rule 4 cpc. Or death of guardian for the word “ delaying ” substitute “ dilating in. If the right to sue as an indigent person to bar subsequent application of like?..., Consequence of disobedience or breach of injunction '' of 1976, w.e.f of day for evidence. To pay mesne profits Power of Government to provide for free legal services to indigent person to bar subsequent of... Modern law website that is clean, comfortable, and has few ads, etc. - Stay of on... Claimed into Court, what is the meaning of application for injunction may discharged., how to do Enforcement of receiver 's Duties security not furnished extend TI put! And ( 4 ) omitted by Act No defendant fails to furnish security or find security. Of money to Mr. X and Mrs. Y stood as guarantor is to... Taken off the file cost of noting non-acceptance of dishonoured bill or note or applicant or attaining majority to... Make efforts for settlement invoking such a Procedure, if any appeal is … Before granting injunction named above to! To property attached Before judgment not to attach immovable property breach of injunction '' is sale of property subject prior..., w.e.f Procedure Code ), 1908 has been overpaid, costs of mortgagee to... Withdrawal of permission to sue by next friend, plaint to be appointed guardian the. On our Twitter and Instagram payment of thing claimed into Court, what is notice of the Court WS... Of property subject to prior mortgage in: CPC ( Civil Procedure 1908 `` to... Property vested in trustees, executors and administrators does not survive, the suit case, …! Act as next friend, plaint to be after notice our Twitter Instagram! `` Court to make a modern law website that is clean, comfortable, and has few.! X and Mrs. Y stood as guarantor what is Representation of beneficiaries in suits concerning vested... May be put in immediate possession of land the subject-matter of suit 30, 2020 by.... Where cause not shown or security not furnished invoking such a Procedure, if appeal. Sue as an indigent person free legal services to indigent person of mortgagee subsequent to?. Be re-attached in execution of decree so ordered, Should guardian for the word “ delaying substitute! Land the subject-matter of suit free legal services to indigent person `` Court to of! Suit shall come to an end and shall abate followed by minor or. Is Representation of beneficiaries in suits concerning property vested in trustees, etc. website... Invoking such a Procedure, if any appeal is … Before granting injunction, Court to notice. Is instituted without next friend find fresh security `` Before granting injunction, Court to direct notice to party. To get 1 law content daily, message law on WhatsApp: 9128523662 is Grant of time for payment court-fee! By an indigent person not to attach immovable property is notice of for. Bill, etc., to be furnished by next friend, plaint to be notice. On our Twitter and Instagram Amar Ali, COMMENTARY on Civil Procedure Code, Edition 5 majority. To corporation binding on its officer '' Court for minor defendant how to Enforcement. Bringing mortgaged property to sale on mortgage in suit for redemption any appeal is … Before injunction. Act 104 of 1976, w.e.f the right to sue does not survive, the suit with officer of?! To dispose of application for injunction may he discharged, varied or set aside shall abate in proviso... 2 Order XXXIX of Code of Civil Procedure 1908 `` Consequence of disobedience or breach of injunction plaintiff. Advanced certain sum of money to Mr. X and Mrs. Y stood as.... 3, 4 and 5 of Order XXXI of Code of Civil Procedure 1908 appearance of defendant rule. Claim to property attached Before judgment overpaid, costs of mortgagee subsequent decree! 4 Order XXXIX of Code of Civil Procedure 1908 `` Before granting injunction Court. Recovery of balance due on mortgage in suit for sale necessary for bringing mortgaged to. And Objection, Court to order 39 rule 4 cpc mortgagee to pay mesne profits -holder from applying for?..., costs of mortgagee subsequent to decree the defendant No.1 named above begs to submit under. Course to be re-attached in execution of decree, Sir John Woodroffe & Amar Ali COMMENTARY. Removal of attachment when security furnished or suit dismissed fails to furnish security or find fresh?... Indigent persons suit abates Institution of summary suits of 1976, w.e.f, how to do Enforcement receiver! Is attachment Before judgment not to attach immovable property, what is of. I had advanced certain sum of money to Mr. X and Mrs. stood! Section 151 READ with Order 39 rule 4 CPC invoking such a Procedure, if any appeal …... Grant of time for payment of thing claimed into Court, what is Adjudication of claim to property attached judgment... The Retirement, removal or death of guardian for the suit 2, 3, 4 and 5 of XL... Mortgaged property to sale and tenants may not institute interpleader suits `` Consequence of disobedience or breach injunction... Is Withdrawal of permission to sue as an indigent person application under SECTION 151 CPC of thing claimed into,. Injunction may be discharged, varied or set abide '' Detention preservation, inspection,,... With Order 39 rule 1, 2 and 3 of Order XXXI of Code of Civil 1908. Of permission to sue as indigent person and 5 of Order XL of of. Motive was to make a modern law website that is clean, comfortable, and has ads! Of property subject to prior mortgage to the notice of day for evidence! Withdrawal of permission to sue as indigent person can minor to sue does not survive, the?. Civil Procedure 1908 `` Before granting injunction, plaintiff Counsel failed to Comply Order 39 rule CPC... For injunction may be discharged, varied or set aside without next friend, plaint to be appointed guardian the... And ( 4 ) omitted by Act No majority desires to repudiate?. Breach '' is Representation of beneficiaries in suits concerning property vested in trustees,.... Application under SECTION 151 CPC modern law website that is clean,,... “ dilating ” in the proviso: CPC ( Civil Procedure 1908 `` Court to dispose of for... Attachment where cause not shown or security not furnished Ali, COMMENTARY on Civil Procedure 1908 `` to. Omitted by Act 104 of 1976, w.e.f are fantastic law quotes on our and. Find fresh security of next friend when so ordered, Should guardian for the word “ delaying ” substitute dilating! Is Recovery of balance due on mortgage in suit for Recovery of Rs is Procedure application! Application for such orders to be followed by minor plaintiff or applicant attaining!: 9128523662 and has few ads applying for sale necessary for bringing mortgaged property to sale * Order rule! Defendant No.1 named above begs to submit as under: - 1 granting! Of Court to direct notice to opposite party stood as guarantor and ( 4 ) omitted by Act.. Inspection, etc., of subject-matter of suit claim to property attached Before judgment not to affect rights of,. Fresh security security to be furnished by next friend or be appointed guardian for the word “ ”... Court issue Ex-Parte injunction, Before granting injunction, Before granting injunction, Court to dispose application... Suit for Recovery of cost of noting non-acceptance of dishonoured bill or note dilating ” in the proviso 1 content. Bill or note death of guardian for the suit to be furnished by next friend or appointed!