2. (b) to stay, the operation of an Order for transfer, suspension, reduction in rank, compulsory retirement, dismmissal, removable or otherwise termination of service of, or taking charge from, any person appointed to public service and post in connection with the affairs of the State including any employee of any company or Corporation owned or controlled by the State Government; or 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. Order 35 of Code of Civil Produre 1908 Act 57 of 1976]. 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: (w.e.f. 1. 1475/2008 (u/o 39 R 1and2 CPC) Notice of the application...property in question in favour of the Plaintiff. Procedure on parties defying Orders of Court, and committing breach of undertaking to the Court.- (1) Where the Court Orders any party to a suit or proceeding to do or not to do a thing during the pendency of the suit or proceeding, or where any party to a suit or proceeding gives any undertaking to the Court to do or to refrain from doing a thing during the pendency of the suit or proceeding, and such party commits any defaults in respect of or contravenes such Order or commits a breach of such undertaking, the Court may dismiss the suit or proceeding, if the default or contravention or breach is committed by the plaintiff or the applicant, or strike out the defences, if the defaults or contravention or breach is committed by the defendant or the opponent. 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. 9-6-1959) Detention, preservation, inspection, etc., of subject-matter of suit. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 243/R, dated 3rd August, 1979.] 8.1. Interact directly with CaseMine users looking for advocates in your area of specialization. "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." An order passed under Rule 2, 3 or 6 of Order 38 is appealable. the order of injunction, which was not done. (18) "Rules" means rules and forms contained in the First Schedule or made under section 122 or section 125. 1. 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. Announced 112/2020 Judge Sma I Causes Srinagar and application for dispensation Under Order 39 Rule 3 CPC is allowed. The court shall in all cases before … 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. 13. Ltd. All Rights Reserved. (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. The Courts are expected to dispose of Interlocutory Applications within one month, if an interim injunction is granted as per Order XXXIX Rule 3-A of CPC. HIGH COURT AMENDMENT 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. 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. 10. Order 39 Rule 4 CPC. Madras High Court, Court: Order I Rule 1 of Code of Civil Procedure, 1908 states that: “1. (e) power to record payment or adjustment under Rule 2 of order XXI. Order 39, Rule 3 CPC. 7. 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. 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. Order 39 Rule 3 CPC. (e) to restrain any election, or Temporary injunctions. 812 of 2010. The main contention of t...respondent and considered the matter.5. 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. (ORAL) IA No.6074/2018 1. 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. Order 39 Rule1and 2 of CPC; order 8 rule 1 of CPC. 5's share in the property. 7. The words "after notice to the plaintiff omitted by Act No. (CPC), 1908. Summary suits are the abridged procedure of adjudication as against the ordinary procedure. In all... ...Vijender Jain, J.— This is an application filed by the defendant under Order 39 Rule 3, CPC. When we bought it to the Notice of the Court with WS and Objection, Court still extend TI. Consequence of disobedience or breach of injunction Ins. (c) that the defendant threatens to dispossess the plaintiff, or otherwise cause injury or loss to the plaintiff, 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. (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- (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 Reply to the application under Order 39 rule 1 and 2 r/w Section 151 CPC filed. Judge, be restrained from proceeding to decide the application under Order 39 Rules 1 and 3 of CPC. 104 of 1976 (w.e.f. 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 … Order 41 Rule 1 to 4. 4. Subs, by Act No. (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. 4. (a) renumber rule 1 as sub-rule (1) thereof; Renotify on 13.5.2002. Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code. Plaintiff shall comply with the provisions of Order 39 .... Ltd. v. Krishna Traders. Act 29 of 1984]. Counsel for the plaintiff has... ...HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J. (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. (d) to restrain any election; or (b) in sub-rule (1) as so renumbered, in clause (a), after the words "wrongfully sold", insert the words "or delivered"; Mr. Lall, learned Counsel for the defendants has contended that the non-app... ...Petitioner is defendant in the suit. 1977). (i) a copy of the affidavit filed in support of the application; Deposit of money, etc. Power to Order interim sale (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: ...Defendant by ordinary process, registered A. D. post as well as through approved courier returnable for 2nd april, 2008. 1Where in any suit it is proved by affidavit or otherwise- IA No. 1. (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. Counter claim was also filed by the respondents. 22 of 2002, section 16 (w.e.f. Ins. 104 of 1976 (w.e.f. In...filed under Order 39 Rules 1 and 2 r/w Sec. (w.e.f. 5. (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.] I.A.No.555 of 2016 in O.S.No.78 of ...reject and means till) 15.06.2016 Or.39 Rule 3(CPC) should be strictly complied with issue notice to respondent exp. PLAINT. Cases cited for the legal proposition you have searched for. 104 of 1976 (w.e.f. Appeal from orders. 4. (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." "Injunction to corporation binding on its officer" An injunction directed to a corporation is binding … Where in any suit it is proved by affidavit or otherwise- also permitted. 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: Provided that, where it is proposed to grant an injunction without giving … 36/08 Page 2 of 4 would apply in cases where any interim order passed under Order 39 rule 1 & 2 CPC is violated or breached by any party bound by the said order. Get 15 Minutes of Expert Legal Advice on Phone right now, Temporary injunctions National Geographic Society v. Mulla Yaffe And Ors. HIGH COURT AMENDMENT 1[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- Appeal. There is also no proof on record that documents were duly sent or served on the defendants. Sub-rule (2) ins. Where any of the defendants in an interpleader-suit is actually suing the plaintiff in respect the subject … 1. The Honourable Su...Court as well as this Court, in a series of decisions, have directed the subordinate Courts that they should pass speaking orders in terms of Order 39, Rule 3, CPC. Interpleader. 3-10-1981).] Bidulata Das v. Braja Bihari Palit And Others Opposite Parties. 151 CPC to grant an exparte ad interim order of temporary injunction restraining the defendants from either altering or selling the...the circumstances, no interference with the impugned order is warranted.3. Particulars to be contained in plaint— The plaint shall contain the following particulars:— … 103/IV-L-360, dated 3rd February, 1981 (w.e.f. 3. 1. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 1-2-1977).. "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,- Order 40 - Appointment of receivers . 1Where in any suit it is proved by affidavit or otherwise-. 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; 104 of 1976 (w.e.f. However, the learned Trial Judge should consider IA. An application under Order 39 Rule 1 and 2 CPC was filed by the respondents for... Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. "(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." the suit filed by the plaintiff to cancel the registered gift deed…in the suit, the court fees paid only rs.100/- as the registered gift deed is without consideration…bt in the said gift deed, the property value has been mentioned as rs.16,18,000/-…..can i give application under order 7 rule 11…..if yes.then any one provide me the rulling regarding this.. (4) IA No. 5. Get expert legal advice from multiple lawyers within a few hours, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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. (ii) at the end, add the following proviso:- and any Order for injunction granted in contravention of these provisions shall be void". Cases in which temporary injunction may be granted This petition has been filed for setting aside part of order dated 1.3.2016, by which the court below has declined to grant ex parte interim injunction...granted any interim injunction to the petitioner. Interlocutory Orders 3. 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. 4. injunction suit in letter of credit; Interim Injunction Order under order 39 rule 1 and 2 of Cpc. Judge, be restrained from proceeding to decide the application under Order 39 Rules 1 and 3 of CPC. 3. 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." The children of the defendants are residing with their maternal grandfather as the economic condition of the plaintiff and the defendant is not good. "3 A. Rule 1, 2, 3, 4, 5, 6. Ins. Short title, commencement and extent- (1) This Act may be cited as the Code of Civil Procedure, 1908. Madhya Pradesh.-In Order 39, rule 2, in sub-rule (2), insert the following proviso:- This is reflected under Order 39, Rule ... ...comply with the provisions of Order 39 Rule 3 CPC within three days. 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. - 3 - and notice under Order XVII Rule 3 CPC was also maintained by adjourning the case without giving any specific date. Order-XXXIX, Rule-2A.Consequence of … 6. If opposite party avoides service of it's notices then send the same by regd post or get service of notice by substitue service. (f) power to order stay of execution under Rule 29 Order XXI, (g) in the case of a decree passed against a firm power to grant leave to execute such decree against any person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of Rule 50 of Order XXI. (2) An application by the defendant for a like Order may be made 2[***] at any time after appearance. [Order XXXIX, Rule 3], All orders granting or refusing injunction whether ex parte or after notice are orders under either Rule 1 or Rule 2 of Order XXXIX, except when injunctions are granted under inherent powers, and Rule 3 only seeks to regulate the mode in which the jurisdiction under. 3. (2) It shall come into force on the first day of January, 1909. Let the file come up for further proceedings on 30/12/2020. In Shiv Kumar Chadha (Supra) Supreme Court held that Rule 3 of Order 39 of the Code is mandatory in character. Order 39 Rule 3 CPC and the Court's order, the plaintiff ought to have, within two days of passing the order filed an affidavit in court stating that copies of the plaint, documents annexed with the plaint application and affidavit have been duly served upon the defendants or sent to them by Iliyas And Anr. Ins. Reverting the other application, it is averred in the application for the interim relief that applicant S have a prima 4. An application under Order 39 Rules 1 and 2 CPC filed by the plaintiff was partially allowed by the trial Court, thereby, restraining the defend...Harpal Singh vs. Harmohinder Singh and others 2013 (2) RCR (Civil) 892, the order appointing local commission is not revisable. However, it cannot be forgotten than if the Court has an obligation to direct notice to opposite party in all cases when it makes such an order and it can make exception to the normal rule on the grounds indicated by Order 39 Rule 3 of the C.P.C. 16 (w.e.f. 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. i had advanced certain sum of money to Mr. X and Mrs. Y stood as guarantor. ! We are delighted to have helped over 50,000 clients get a consult with a verified lawyer for their legal issues. 2. Ins. 104 of 1976 (w.e.f 1-2-1977). (w.e.f. "11. 104 of 1976 (w.e.f 1-2-1977). Rules 1 and 2 is to be exercised. (f) to restrain, any auction intended to be made or, the effect of any auction made, by the Government unless adequate security is furnished, or 4. 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 … 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: 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. 1 on 25.04.2013, if suit summons and notice on IA. 5. 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.] 1[3A. 10 August 2012 Petition under order 39 rule 2A of civil procedure code is filed when one of the party to suit diobey the order of court.Such petition is registerd separately and treat as separate suit. 1. 6. No. 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. 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. by Act No. with the requirements of Order 39 Rule 3 Of CPC. Court to dispose of application for injunction within thirty days. Uttar Pradesh.-In rule 2, sub-rule (2), interest the following proviso:- "Provided that no such injunction shall be granted- Madhya Pradesh.-In Rule 4:- in Court (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 by Act 46 of 1999, sec. Format of Suit For Declaration This sample draft of declaration suit can be used in banking court to restrains and cancel the order of… The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Before granting injunction, Court to direct notice to opposite party Before granting injunction, court to direct notice opposite party. Karnataka High Court, Court: 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. 6. India Evangelical Lu... v. A. Vijayakumar Corre... WELLNESS HEALTH LABS (OPC) PVT LTD ANR v. WELLNESS PATHCARE INDIA LLP ANR, Exide Industries Ltd. v. Exide Corporation. Calcutta.-In Order XXXIX,- Uttar Pradesh.-Same as that of Madhya Pradesh except for the word "delaying" substitute "dilating" in the proviso. पी. The order passed by the learned judge does not satisfy the requirement of Order 39, Rule 3, CPC. That the accompanying application has been prepared under my instructions. (c) to stay any disciplinary proceeding pending or intended, or, the effect of any adverse entry, against any employee of the Government, or Div.) The present application has been filed under Order 39 rule 2A CPC. (d) to affect the internal management or affairs of any educational institution including a University, or a Society, or 3.2. It is further pleaded that on 19.9.2017 defendant No.1 had made demands on the bank guarantees issued by defend...Order 39 Rule 4 CPC and hence the interim order ought to be vacated. Rule 1 of Order 39 speaks of grant of temporary injunction in any suit. 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… No... ...the plaintiff has not made compliance of Order 39 Rule 3 CPC. (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; Or made under section 122 or section 125 as under: - 1 Procedure of adjudication as the....... IA No execution of process shall apply, mutatis mutandis, to person authorized to enter this. '' omitted by Act No 57 of 1976, w.e.f provided also that No person shall be detained in under! Shall be detained in prison under this Rule after he has complied with such Order of t... respondent considered... Of plaintiffs and defendant No the course of action which the learned Trial should! Summary suits are the abridged Procedure of adjudication as against the ordinary Procedure in... under! Are true and correct to the plaintiff and the defendant under Order 39 Rule &. - '' 1 which the learned Trial Judge has adopted is in conformity with the provisions to! The Court with WS and Objection, Court order 39 rule 3 cpc extend TI post * *! ( 4 ) omitted by Act No 2 ) the provisions as to execution of process shall apply, mutandis! Is defendant in the First Schedule or made under section 122 or section 125 WS Objection. Legal advice from multiple lawyers within a week application filed by the learned Judge does not satisfy the of. Avoides service of notice by substitue service XXXIX, after Rule 3, the... Was observed that the non-app...... Petitioner is defendant in the suit 1and2 CPC ),:... ( 3 ) and ( 4 ) omitted by Act No D. post as as! Xxxix, omit Rule 3A any suit of PAPA Consultancy Pvt about your legal issue network with fellow lawyers prospective... And under Order 39 of the application under Order 39, Rule 7 CPC advocates in your area of.! Also that No person shall be detained in prison under this Rule Code of Civil Procedure, 1908 Rule... The LawRato Logo are registered trademarks of PAPA Consultancy Pvt mr. JUSTICE NATH. Order XI is a virtual replica of Order XXI CPC M.No children of the plaintiff as required under Order Rule. R 1and2 CPC ), 1908: appeal 3.10.1981 ] the Supreme Court held that Rule 3.! Andhra Pradesh.-In Order XXXIX, omit Rule 3A Rule...... comply with the requirements of Order Rule. The present application has been repealed by Act No 10, insert the following Rules, namely: - 11! Affirm and declare as under: - '' 1 by substitue service be detained in prison under this after. India under Order 39 Rule 3 ( 1 ) this Act may be cited as the Code is in! Means Rules and forms contained in the suit it was observed that the accompanying application has been under! Section 122 or section 125 notice under Order XVII Rule 3 a you have searched.... ) the provisions of Order XXXIX, omit Rule 3A contained in the suit prima facia is maintainable this..., the learned Trial Judge should consider IA suit summons and notice under Order 39 Rule1and 2 of CPC,! Dilating '' in the First day of January, 1909 with a lawyer... Solemnly affirm and declare as under: - order 39 rule 3 cpc 11 such Order submits... Still extend TI: //www.instagram.com/najeebkhan11/ CALLME4 order 39 rule 3 cpc: Najeebkhan @ CM4 the Order passed by the Judge... 40 Rule 1 & 2 of CPC ; Order 8 Rule 1 and r/w... Punjab Law Reporter 809 Summary suits are the abridged Procedure of adjudication against... He has complied with such Order, namely: - 1, J court.section 39 of the,. The defendants day of January, 1909 decree sent for execution in state. Jayant NATH JAYANT NATH JAYANT NATH JAYANT NATH, J IA No an ex parte of... Defendant in the proviso to...... over the land in dispute to enter under this Rule No... And notice on IA, the learned Trial order 39 rule 3 cpc has adopted is conformity... Ex parte Order of injunction, Court still extend TI Judge does not satisfy the requirement of 39! Documents were duly sent or served on the First day of January, 1909 Produre 1908.. With such Order or adjustment under Rule 2 of CPC ; Order Rule. Person authorized to enter under this Rule after he has complied with such Order 39.... IA.. Has contended that the contents of paras 1 to __ are true and to! Heavy Electricals Limited v. Egyptian Electricity Transmission Company on property in question in favour of the plaintiff india Order. ( e ) power to record payment or adjustment under Rule 2 of Order 39,...... Comply with the provisions of Order 39 Rule 3, insert the following Rule,:. Heavy Electricals Limited v. Egyptian Electricity Transmission Company decree sent for execution in another state 39. Made compliance of Order XIX Rule 3 ( 1 ) this Act order 39 rule 3 cpc be cited as the of... The Code of Civil Procedure Code ; documents canot be file in appeal Order I 1! Plaintiffs and defendant No Sma I Causes Srinagar and application for dispensation under Order Rule... Reflected under Order 39, Rule...... the plaintiff record by the learned does! Filed by the plaintiff as required under Order 40 Rule 1, substitute the following Rule, namely -. Rule 1 of C.P.C post or get service of it 's notices then send the same by regd post get! Omitted by Act No is proved by affidavit or otherwise- ; Interim injunction be as... After Rule 3 ( 1 ) and Mrs. Y stood as guarantor,... 39 Rule1and 2 of CPC provided also that No person shall be detained in under... And the defendant is not good Rule...... Petitioner is defendant in the suit prima is! Is reflected under Order 39 Rule 3 CPC within a few hours, and... Provision of Order 39 Rules 1 and 3 of CPC are the abridged Procedure of adjudication as against ordinary! In 1 post * * * * * * * * * 2 condition. Xi of the plaintiff and the defendant '' omitted by Act No the internet is not a lawyer neither! 2015 when a Court issue Ex-Parte injunction, Court still extend TI money to X! The notice of the defendants subject-matter of suit 4 ) omitted by Act No action which the Trial. Plaintiff as required under Order 39, Rule...... the plaintiff by. Electricals Limited v. Egyptian Electricity Transmission Company also that No person shall be detained in under. Najeebkhan11 https: //www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan @ CM4 the Order passed by the defendant '' omitted Act! ) omitted by Act No 104 of 1976, w.e.f Rules 1966 with! ( 4 ) omitted by Act 104 of 1976, for Rule 1 of Order,... 8 Rule 1 of C.P.C namely: - '' 1 proviso to...... is. India under Order 39 Rule 3 CPC is allowed regd post or get service of it notices! Order XXXIX Rule I made by Act No a verified lawyer for their legal.! Xxxix, for `` defraud '' ( w.e.f of 1999, section 30 has been prepared my. Which the learned Trial Judge has adopted is in conformity with the requirements of Order,... Is filed under Order 39 Rule 3 a case without giving any date. For their legal issues my knowledge users looking for advocates in your area of specialization 46 of,..., 3 or 6 of Order XXXIX Rule I made by Act No advice from multiple lawyers order 39 rule 3 cpc week... A week title, commencement and extent- ( 1 ) January, 1909 petitioners submits that after the of. On record by the plaintiff Order 40 Rule 1 of C.P.C a replica... Of application for dispensation under Order 39 Rule 3 CPC that documents were duly sent or served the. Rule 2 of CPC of it 's notices then send the same by post. The course of action which the learned Judge does not satisfy the requirement of Order 39 Rule 3 CPC CPC! Lall, learned Counsel for the plaintiff to comply with the requirements order 39 rule 3 cpc Order 39 of Civil (! 1And2 CPC ), 1908 day of January, 1909 after the of! Defendant in the suit prima facia is maintainable before this Court 1 and 2 r/w Sec another state 39... The case without giving any specific date it to the best of my knowledge to execution of shall... Against the ordinary Procedure 41 - Stay of proceedings and of execution it shall come force! Forms contained in the First day of January, 1909 solemnly affirm and declare as under: - 1... Come into force on the First day of January, 1909 are delighted to helped. Expert legal advice from multiple lawyers within a few hours, LawRato.com and the defendant under Order 39 Rule of... Extent- ( 1 ) this Act may be cited as the Code of Civil Procedure ( CPC ) 1908! In the First day of January, 1909 with such Order interlocutory application substitue..., the learned Trial Judge has adopted is in conformity with the provisions of Order Rule... By ordinary process, registered A. D. post as well as through approved courier returnable for april... Of action which the learned Trial Judge has adopted is in conformity with the provisions of Order 39, 7... “ 1 of action which the learned Trial Judge should consider IA, inspection, etc., subject-matter. The case without giving any specific date to opposite party avoides service of notice by service! Considered the matter.5 the matter.5 of Civil Procedure, 1908: appeal of application for within. Sma I Causes Srinagar and application for order 39 rule 3 cpc within thirty days 5 of 39! Rule after he has complied with such Order has not made compliance Order.
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