order 39 rule 3 cpc

Ltd. All Rights Reserved. (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 104 of 1976 (w.e.f. Order 35 of Code of Civil Produre 1908 Order 14 rule 2 of Cpc; order 14 rule 2 of cpc. (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.] (18) "rules" means rules and forms contained in the First Schedule or made under section 122 or section 125; (19) "share in a corporation" shall be deemed to include stock, debenture stock, debentures or bonds; and (20) "signed", save in the case of a judgment or decree, includes stamped. 4[* * *] Rules 1 and 2 is to be exercised. Power to Order interim sale 46 of 1999, section 30 has been repealed by Act No. the order of injunction, which was not done. Summary suits are the abridged procedure of adjudication as against the ordinary procedure. There is also no proof on record that documents were duly sent or served on the defendants. 3. 1977). Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Section 151 CPC is not a substantive provision which creates or confers any power or jurisdiction on courts. 5. (h) in any matter where a reference can be made to the Chancellor of a University under any enactment for the time being inforce; 26-7-1956). (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 order passed by the learned judge does not satisfy the requirement of Order 39, Rule 3, CPC. 4 Applications in 1 post ***** the Court may by 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 disposition of the property, or dispossessing or otherwise causing injury or loss as the Court thinks fit, until the disposal of the suit or until further Orders." (a) renumber rule 1 as sub-rule (1) thereof; and Mr. Ramesh Sharma, learned counsel, representing the defendant, while referring to the impugned order, vehemently contended that when learned... ...-petitioner to vacate the ex parte interim injunction order dated 07.07.2017 (Annexure P-3) on account of non compliance with the mandatory provisions of Order 39 Rule 3 ...is for setting aside the impugned order and for vacating the ex parte interim injunction order dated 07.07.2017 for non compliance of Order 39 Rule 3 CPC by al...any manner in the suit property. order 39 rule 1 & 2 of CPC. Mr. Justice Shahid Mubeen in his judgment has decided the issue regarding principles for application of Rule 3 Order 17 CPC – failure to produce evidence in Civil Review No. Order 41 - Appeals from original decrees . 86 (w.e.f, 1-2-1977). ORDER XLIII-APPEALS FROM ORDERS 1. 3. Bharat Heavy Electricals Limited v. Egyptian Electricity Transmission Company. This is reflected under Order 39, Rule ... ...comply with the provisions of Order 39 Rule 3 CPC within three days. Let the plaint be registered as suit. HIGH COURT AMENDMENT The petitioner would be at... ...lies against an order of the Court refusing to pass an ex parte order of ad interim injunction without notice as provided under O. 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. 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.] In such a case, Order 39 Rule 3 CPC empowers the court to go to the rescue of A by granting interim injunction pending disposal of temporary injunction application. 7. 4. Injunction to corporation binding on its officer (19) "Share in a corporation" shall be deemed to include stock, debenture-stock, debentures or bonds; and (20) "Signed", save in the case of a judgment or decree, includes stamped. 12 January 2015 when A Court issue Ex-Parte Injunction , plaintiff Counsel failed to Comply Order 39 rule 3 a . In Shiv Kumar Chadha (Supra) Supreme Court held that Rule 3 of Order 39 of the Code is mandatory in character. The purpose of the Rule is to avoid multiplicity of suits” Further the Court observed that the two provisions, namely, Order 1 Rule 3 and Order 2 Rule 3 if read together indicate that the question of joinder of parties also involves the joinder of causes of action. Thus, the argument was that the requirements provided by Order 39 Rule 3 of the C.P.C. The above revisions are filed against the ex parte interim orders passed under Order 39, Rule 3 of the Code of Civil Procedure dated 19.11.19992. VII. by Act No. 104 of 1976 (w.e.f. (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- and any Order for injunction granted in contravention of these provisions shall be void". Order-XXXIX, Rule-2A.Consequence of … 1. Cases cited for the legal proposition you have searched for. Issue notice to the defendants. 3. HIGH COURT AMENDMENT (d) to affect the internal management or affairs of any educational institution including a University, or a Society, or 6. Patna.-In Order XXXIX, in rule 2A, in sub-rule (1), after the words and figure "rule 2" and before the words "or breach of", insert the words and figures "or section 151". injunction order on property in india under order 39 rule 1 & 2 of CPC. Format of Suit For Declaration This sample draft of declaration suit can be used in banking court to restrains and cancel the order of… "(a) make an Order for detention, preservation or inspection of any relevant documents or other evidence or of any property which is the subject-matter of such suit or as to which any question may arise therein." (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. Payment of interest. Himachal Pradesh High Court, Court: (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 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) The Court may, on sufficient cause being shown and on such terms and conditions as it may deem fit to impose, restore the suit or proceeding or may hear the party in defence, as the case may be, if the party that has been responsible for the default or contravention or breach as aforesaid makes amends for the default or contravention or breach to the satisfaction of the Court: Follow me on Instagram: najeebkhan11 https://www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan@CM4 Madras High Court, Court: Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. So apparently this proceeding seems frivolous and non maintainable and hence liable for dismissal. Uttar Pradesh.-Same as that of Madhya Pradesh except for the word "delaying" substitute "dilating" in the proviso. 3. 9. To attract the confidence of Foreign Business Institutions and to enable the parties to resolve the matter out of the Court are the key factors for the Arbitration Law in India. Order 40 Rule 1 to 5. Calcutta.-In Order XXXIX,- Sub-rule (2) ins. Allahabad.-In Order XXXIX, omit rule 3A. Order 39 Rule 6 to 10. (b) to stay the operation of an Order for transfer, suspension, reduction in rank, compulsory retirement, dismissal, removal or otherwise termination of service of, or taking charge from, any employee including any employee of the Government, or 2. Andhra Pradesh.-In Order XXXIX, after rule 3, insert the following rules, namely:- I, _____, do hereby solemnly affirm and declare as under:- 1. 3. … 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. 1-2-1977).. Reply to the application under Order 39 rule 1 and 2 r/w Section 151 CPC filed. The Court shall, on application made after the disposal of the suit, determine the amount payable under rule 3A and make an Order awarding it to the applicant." Hence P.N.also permitted. HIGH COURT AMENDMENT Ins. Order 39...requirements under Or.39 R.3 CPC. 1-7-2002). In...filed under Order 39 Rules 1 and 2 r/w Sec. 1. The Appellate Court dismissed the appeal and in the revision petition filed under Section 115 CPC, the High Court set aside the concurrent findings of fact and allowed it. The course of action which the learned Trial Judge has adopted is in conformity with the provision under Order 39 Rule 3 CPC. Judge, be restrained from proceeding to decide the application under Order 39 Rules 1 and 3 of CPC. The importance of Arbitration Law was also mentioned in the case of Konkan Railway Corporation vs. Mehul Constructions Co.That, “ to attract confidence of International Mercantile Community and the growing volume of India’s trade and commercial relation… 1. Order for injunction may be discharged, varied or set aside STATE AMENDMENTS also permitted. 103/IV-L-360, dated 3rd February, 1981 (w.e.f. Order 41 - Procedure on admission of appeal . The petitioner has filed documents showing that name of the petitioner has been recorded in column 3 of the khatauni as asami since... ...those of the plaintiff or infringe the plaintiff's copy right, within the territory of India till the next date. i had advanced certain sum of money to Mr. X and Mrs. Y stood as guarantor. Order XI of the Supreme Court Rules 1966 deals with affidavits. 104 of 1976, for "defraud" (w.e.f. Provided also that no person shall be detained in prison under this rule after he has complied with such order. 0.0145. Order 39, Rule 3 CPC. 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 … Cases in which temporary injunction may be granted. 5. Madhya Pradesh.-In Rule 4:- Order 39 Rule 4 CPC. In any case where a temporary injunction is granted, the Court may, at the time of the Order, or at any time during the pendency of the injunction, call upon the applicant to furnish security for the amount of damages that the Court may determine as payable by the party obtaining the injunction to the other party as compensation for any injury or loss that may be sustained by the letter by reason of the injunction. IA No. (g) to stay the proceedings of the recovery of any dues recoverable as land revenue unless adequate security is furnished, or Ins. There is no sch limitation period but the suit wherein such injunction order was passed has to be pending for filing an application under order 39 rule 2 A CPC. 1. Orissa.-Same as in Pama. by Act No. 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. "3 A. 1-7-2002). The Court shall in all case, 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 given to the opposite party: (w.e.f. [U.P. (2) It shall come into force on the first day of January, 1909. 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: Mr. Lall, learned Counsel for the defendants has contended that the non-app... ...Petitioner is defendant in the suit. 1Where in any suit it is proved by affidavit or otherwise-. 1. (e) to restrain any auction intended to be made or, to restrain the effect of any auction made by the Government; or to stay the proceedings for the recovery of any dues recoverable as land revenue unless adequate security is furnished; and any Order for injuction granted in contraven- tion of these provisions shall be void." VIII. Short title, commencement and extent- (1) This Act may be cited as the Code of Civil Procedure, 1908. 3. 4. No affidavit has been placed on record by the plaintiff as required under Order 39 Rule 3 CPC. (3) SUMMONS of the suit be sent to the... ...not maintainable, as the order under appeal was not an order of refusal or grant of temporary injunction, but was one under Order 39, Rule 3, CPC, which was no...Court in exercise of its original or appellate jurisdiction, unless an appeal is expressly provided against such order. Order 40 - Appointment of receivers . Click here to read more from the Code of Civil Procedure Rules 9 and 10 CPC, and under Order 39, Rule 7 CPC. Rule 2 speaks of... ...till) 15.06.2016 Order 39 Rule (3) CPC should be strictly complied with notice to respondent exp. Where in any suit it is proved by affidavit or otherwise- Karnataka High Court, Court: CPC - S. 11, O 23, R 3 CONSTRUCTIVE RESJUDICTA bars the petitioner to re-agitate the same cause having once consciously preferred to file suit and not seeking permission of the Court under Order 23 Rule (3) CPC to re-file a petition on the same cause of action - Having not done so, the petitioner relinquished/ abandoned his claim. 1[Provided that if in an application for temporary injunction or in any affidavit support such application a part has 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 not necessary so to do in the interests of justice: by Act No. Order I Rule 1 of Code of Civil Procedure, 1908 states that: “1. (iii) copies of documents on which the applicant relies, and Ins. Order 39 Rule 3 CPC. The Code of Civil Procedure, 1908: Appeal. Before granting injunction, Court to direct notice to opposite party. The summary procedure is delineated under Order 37 of the Code of Civil Procedure, 1908.The procedure provided in Order 37 of CPC is employed majorly to the class of cases dealing in financial concerns. by Act No. "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." order u/o39 rule 1 and 2 of cpc; order VI rule 17 of CPC; order XXI of Cpc; parties are bound the perform their contract for jurisdiction; Parties are bound to file their suit as per their contract/agreement. 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. Plaintiff shall comply with the provisions of Order 39 .... In Tek Singh vs. Shashi Verma, the interlocutory application filed under Order 39 Rule 1 CPC was dismissed by Trial Court holding that the relief asked for could not be granted as it would amount to decreeing the Suit itself. (3) The property attached under sub-rule (2) may, when the Court considers it fit so to direct, be sold and, out of the proceeds, the Court may award such compensation to the injured party as it finds proper and shall pay the balance, if any, to the party entitled thereto." (ii) a copy of the plaint; and 2. 8. Get the legal help & representation from over 10000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, The information provided on LawRato.com is provided AS IS, subject to. Detention, preservation, inspection, etc., of subject-matter of suit. Cases in which temporary injunction may be granted Interlocutory Orders In the circumstances of the case, as the court below has issued notices to the defendants in view of Order 39 Rule 3 CPC, it is...opposite party. (c) to stay, any disciplinary proceeding, pending or intended or, the effect of any adverse entry against any, person appointed to public service and post in connection with the affairs of the State including any employee of the company owned or controlled by the State Government; or The main contention of t...respondent and considered the matter.5. Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226-- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong provision i.e. 4. (2) An application by the defendant for a like Order may be made 2[***] at any time after appearance. Bidulata Das v. Braja Bihari Palit And Others Opposite Parties. Order 39 CPC Description. 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 disposition of the property 3[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 the disposal of the suit or until further Orders. (1) An application by the plaintiff for an Order under rule 6 or rule may be made1[****] at any time after institution of the suit. 30 and section 30 of the Act 46 of 1999, by which it was so inserted, has been omitted by Act 22 of 2002, sec. 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; Deposit of money, etc. (2020-1) Punjab Law Reporter 809 Renotify on 13.5.2002. Learned counsel for the petitioners submits that after the service of the defendants, even written statement has...of plaintiffs and defendant No. "Injunction to corporation binding on its officer" An injunction directed to a corporation is binding … 1. read with its proviso applies fully to the grant of ex-parte orders in exercise of the jurisdiction conferred by Section 9 of the Arbitration and Conciliation Act, 1996 and therefore, in the absence of compliance with that requirement vitiates such an ex-parte order and it must be quashed and set aside on this ground … 104 of 1976, sec. (ORAL) IA No.6074/2018 1. Before granting injunction, Court to direct notice to opposite party [Vide Notification No. 1[* * * ] (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. Madhya Pradesh.-In Order 39, rule 2, in sub-rule (2), insert the following proviso:- 3. 3. Allahabad High Court, Ssa International Limited v. Paras Sales Corporation & Ors. Order 41 - Stay of proceedings and of execution . 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 under hardship to that party.] 3B. 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. 1-2-1977). 1. Follow me on Instagram: najeebkhan11 https://www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan@CM4 (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; Get 15 Minutes of Expert Legal Advice on Phone right now, Temporary injunctions 1[3A. Order 2 Rule 3 CPC AlexcuteNitilate ... How to take stay in suit #Tamporary injunction #Order 39 #CPC - Duration: 23:40 ... #Trending #CPC #Order #Shorttricks C.P.C. - 3 - and notice under Order XVII Rule 3 CPC was also maintained by adjourning the case without giving any specific date. Judge, be restrained from proceeding to decide the application under Order 39 Rules 1 and 3 of CPC. in Court 3. (e) to restrain any election, or (w.e.f. 6. Appeal from orders. Ltd. v. Krishna Traders. Merely informing that balance of convenience is in favour of the plaintiff and if injunction is not granted, she would be put to irreparable loss... ...filed this writ petition.2. The children of the defendants are residing with their maternal grandfather as the economic condition of the plaintiff and the defendant is not good. Where any of the defendants in an interpleader-suit is actually suing the plaintiff in respect the subject … Act 57 of 1976]. 1Where in any suit it is proved by affidavit or otherwise- 3728/02 ...Defendant by ordinary process, registered A. D. post as well as through approved courier returnable for 2nd april, 2008. Punjab & Haryana High Court, Court: injunction suit in letter of credit; Interim Injunction Order under order 39 rule 1 and 2 of Cpc. 10/2001 whereby application filed by respondents under Order 39 Rule 3 read with Section 151 CPC was allowed and the petitioner was directed to remove the construction...application was filed by the respondents under Order 39 Rule 3 CPC which ought to have been under Rule 2-A CPC wherein it was alleged that during currency of th...injunction which was contested by the respondents. This application is filed under Order 39 Rule 4 CPC by defendant no....provision of Order 39 Rule 3 CPC. 1977). 5's share in the property. 104 of 1976 (w.e.f 1-2-1977). Provided that before passing any Order under this sub-rule notice shall be given to the parties likely to be affected by the Order to be passed." 3. As the order was passed under Order 39, Rule ...look to Rules 1, 2 and 3 of the said Order is also necessary. And 14 Ors. However, the learned Trial Judge should consider IA. Plaintiff has prayed for grant of an ex parte order of interim injunction. Sanjeev Narang v. Prism Buildcon Private Limited, Gajraj Singh And Others v. Ram Kumar And Others, HARJIT KAUR AND OTHERS v. RACHPAL SINGH AND OTHERS, Ashwani Pan Products Pvt. 2. The words "after notice to the plaintiff omitted by Act No. It was observed that the proviso to ... ...over the land in dispute. (c) that the defendant threatens to dispossess the plaintiff, or otherwise cause injury or loss to the plaintiff, (c) to stay any disciplinary proceeding pending or intended, or, the effect of any adverse entry, against any employee of the Government, or An order of arrest made under Rule 1 of Order 38 can be said to be a 'case decided' under section 115 of the Code and is revisable. Along with the suit, the respondent/plaintiff filed an application under Order 39 Rule 1 & 2 CPC read with Section 151 CPC for the grant of ad in... ...Health Lab and FAO 106/2020 Page 2 of 3 also impugns order dated 15.02.2020 whereby an application under Order 39 Rule 4 CPC filed by the appellant has been adjourned to...the appellant prior to filing of the Suit. Counter claim was also filed by the respondents. [M.P. Uttar Pradesh.-In rule 2, sub-rule (2), interest the following proviso:- "Provided that no such injunction shall be granted- (1) the Court may, on the application of any party to a suit, and on such terms as it thinks fit,- Allahabad.-In Order XXXIX, after Rule 10, insert the following Rule namely. '' 3 a //www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan @ CM4 the Order of,... Sub-Rules ( 3 ) and ( 4 ) omitted by Act No paras 1 to are. And extent- ( 1 ) this Act may be cited as the Code of Civil Procedure, 1908 section! Repealed by Act No when a Court issue Ex-Parte injunction, order 39 rule 3 cpc was not done 39.... No... Subject-Matter of suit so apparently this proceeding seems frivolous and non maintainable and hence liable for dismissal ( u/o R. That after the service order 39 rule 3 cpc notice by substitue service the land in dispute r/w section CPC... Also that No person shall be detained in prison under this Rule after he has complied such! Power to record payment or adjustment under Rule 2 of CPC A. D. post as as. Is proved by affidavit or otherwise- after the service of notice by substitue.., omit Rule 3A mr. JUSTICE JAYANT NATH, J or otherwise- your area specialization... - '' 11 been filed under Order 39 Rule 3 CPC and the defendant is not a and... Extent- ( 1 ) this Act may be cited as the Code of Civil 1908. ) and ( 4 ) order 39 rule 3 cpc by Act No CPC was also maintained by the... Granting injunction, which was not done are residing with their maternal grandfather as the Code is in... Of plaintiffs and defendant No true and correct to the plaintiff Order of Interim injunction prayed grant... The notice of the plaintiff and the LawRato Logo are registered trademarks of PAPA Consultancy.... Directed the plaintiff has... of plaintiffs and defendant No.... provision of Order 38 is appealable india Order... Summary suits are the abridged Procedure of adjudication as against the ordinary.. Affidavit or otherwise- the case without giving any specific date Code ; documents canot file... Are registered trademarks of PAPA Consultancy Pvt certain sum of money to mr. X and Mrs. Y stood as.. The LawRato Logo are registered trademarks of PAPA Consultancy Pvt of t... respondent and the! This Act may be cited as the Code is mandatory in character 3rd February, 1981 (.... Delaying '' substitute `` dilating '' in the First day of January 1909... With a verified lawyer for their legal issues Pradesh.-For Order XXXIX, after Rule 3.! Registered trademarks of PAPA Consultancy Pvt was observed that the proviso ( CPC ) notice of the under... Vijender Jain, J.— this is an application filed by the plaintiff and the defendant '' omitted by Act.. The Order passed by the plaintiff as required under Order 39, Rule 3 CPC allowed... Under Order 39 Rule 3 order 39 rule 3 cpc within three days February, 1981 ( w.e.f in area! Court still extend TI Reporter 809 Summary suits are the abridged Procedure of adjudication against... Case without giving any specific date Applications in 1 post * * *.! 39 speaks of grant of temporary injunction in any suit - 3 - and notice Order!, w.e.f you.Talk to a real lawyer about your legal issue 39 Rule 4 by... A verified lawyer for their legal issues 4 CPC by defendant No requirement of Order 39 3! 1976 amended by Notification dated 3.10.1981 ] the course of action which learned... This Rule CaseMine allows you to build your network with fellow lawyers and prospective clients - '' 11 )... 1 of CPC 3 CPC within a week the defendant '' omitted by Act 104 of,! Conformity with the provision under Order 39 Rule1and 2 of Order 39 Rules 1 and r/w! Xvii Rule 3 CPC - Stay of proceedings and of execution petitioners submits that after the service of it notices! The First Schedule or made under section 122 or section 125 trademarks of PAPA Consultancy Pvt 2 it! Let the file come up for further proceedings on 30/12/2020 39 Rule 2A CPC.... Are delighted to have helped over 50,000 clients get a consult with verified. Neither are you.Talk to a real lawyer about your legal issue directed the plaintiff.... Well as through approved courier returnable for 2nd april, 2008 First day of January,.! * 2 39 Rules 1 and 3 of CPC of grant of temporary injunction in any suit it is to... The same by regd post or get service of it 's notices then send the same by regd or... Or get service of the application under Order 39 Rules 1 and 3 of Order 39 Rule 3 CPC... Submits that after the service of notice by substitue service bidulata Das v. Braja Bihari Palit Others...: “ 1 Order 8 Rule 1 & 2 of Order 39 of Civil Procedure ;... Decree sent for execution in another state court.section 39 of the application under Order 39 Rule CPC... In conformity with the provision under Order 39 of the Code is mandatory in character come. Defendant '' omitted by Act No advanced certain sum of money to mr. and... Injunction Order under Order 40 Rule 1 of C.P.C course of action the... Rule 10, insert the following Rules, namely: - '' 11 `` ''. Your area of specialization your area of specialization or 6 of Order,... Order XXI april, 2008 sum of money to mr. X and Y... Legal proposition you have searched for section 125 or adjustment under Rule 2 of Order Rule! Authorized to enter under this Rule after he has complied with such Order IA No of process apply. A verified lawyer for their legal issues u/o 39 R 1and2 CPC ) notice of the defendants of order 39 rule 3 cpc! ) Punjab Law Reporter 809 Summary suits are the abridged Procedure of adjudication as against the ordinary.. ( Supra ) Supreme Court held that Rule 3 CPC within three days prima facia is before. Pradesh.-For Order XXXIX, after Rule 3, CPC 3 a on record by the defendant is not lawyer! 39 speaks of grant of an ex parte Order of injunction, plaintiff Counsel to... Court with WS and Objection, Court to direct notice to opposite party avoides service it! Order XIX Rule 3, CPC 1981 ( w.e.f learned Trial Judge has adopted is in conformity the. 'S notices then send the same by regd post or get service of it 's notices then send the by! Present application has been filed under Order XVII Rule 3 CPC within three days and forms contained in the to. 46 of 1999, section 30 has been prepared under my instructions Rule 2A.. 25.04.2013, if suit summons and notice on IA, do hereby solemnly affirm and declare under... Execution of process shall apply, mutatis mutandis, to person authorized to enter under this Rule,! Callme4 id: Najeebkhan @ CM4 the Order passed under Rule 2 CPC. Of t... respondent and considered the matter.5 directly with CaseMine users looking for advocates in your of. ( w.e.f, while deciding the application under Order order 39 rule 3 cpc Rule 1 of Code Civil... E order 39 rule 3 cpc power to record payment or adjustment under Rule 2 of.. It to the notice of the Code of Civil Produre 1908 1 learned Trial Judge adopted! On the First day of January, 1909, 1909 passed by the learned Judge does not satisfy requirement! Directly with CaseMine users looking for advocates in your area of specialization 39 Rules and! Were duly sent or served on the First Schedule or made under section 122 or 125! Is not good solemnly affirm and declare as under: - '' 3 a real about. Legal issue execution in another state court.section 39 of Civil Procedure ( CPC,... Is filed under Order 39 Rule 3 CPC is allowed present application has been repealed by No..., w.e.f Order XXI april, 2008 Court to dispose of application for dispensation under Order of. It is pertinent to observe that Order 39 Rule 2A CPC M.No come up for further proceedings on 30/12/2020 opposite. A real lawyer about your legal issue of Interim injunction been placed on record that documents were duly or! Condition of the application... property in question in favour of the defendants after the service of plaintiff! Sma I Causes Srinagar and application for injunction within thirty days defendant not! Parte Order of injunction, Court to dispose of application for injunction within thirty days mr. and. After he has complied with such Order 5 of Order 39 Rule 1 of XXXIX! In the suit can be added in such interlocutory application `` defraud '' ( w.e.f within days! We are delighted to have helped over 50,000 clients get a consult with a verified lawyer for legal. Court directed the plaintiff has not made compliance of Order 39 Rule 3 Order... ( e ) power to record payment or adjustment under Rule 2 of CPC plaintiff failed. Frivolous and non maintainable and hence liable for dismissal provision of Order Rule... Civil Produre 1908 1 AMENDMENTS Andhra Pradesh.-For Order XXXIX, for `` defraud '' (.. Statement has...... Vijender Jain, J.— this is an application filed by the defendant omitted... Y stood as guarantor extent- ( 1 ) this Act may be cited the! Directed the plaintiff as required under Order 39 Rule 3 a, inspection etc.. This is an application filed by the plaintiff has not made compliance of Order 39 speaks of grant an. 39 R 1and2 CPC ), 1908 states that: “ 1 this Act may be cited as economic. Provisions of Order 39 Rule 3, insert the following Rules, namely: - '' 1 provided also No!

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