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CPC Order 39

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ORDER XXXIX-

TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

Temporary injunctions

1. Cases in which temporary injunction may be granted—

Where in any suit it is proved by affidavit or otherwise—

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

b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,

c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, 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 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.

Whether an order of temporary prohibitory injunction granted under Order 39 Rule 1 of the Code of Civil Procedure would automatically revive with the restitution of suit which was dismissed for default?

(a) No

(b) Yes

(d) None

Ans. (a)

In which of the following are provisions relating to Injunction mentioned?

(a) Section 95 read with Order XXXIX

(b) Section 30 read with Order XI

(d) Section 51 read with Order XXI

Ans. (a)

Interlocutory orders are issued by civil court:

(a) During pendency of civil proceedings

(b) to summon the person

(d) for attachment of property

Ans. (a)

Injunction is granted under which provision of the Civil Procedure Code,1908

(a) Section 115

(b) Order XXXIX Rule 1

(d) None of the above

Ans. (b)

Defendant can claim temporary injunction in a suit filed by the plaintiff

(a) To prevent the suit property being alienated or damaged

(b) To prevent the plaintiff from dispossessing defendant from the suit properly

(d) All of the above

Ans. (a)

Temporary injunction may be granted:

(a) To restrain any election

(b) To restrain dispossession from property

(d) To restrain the result of any adverse entry against the public servant

Ans. (b)

2. Injunction to restrain repetition or continuance of breach—

1. In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.

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.

An order to appoint court commissioner is sought for recording the statements of witnesses in the proceedings filed for interim injunction under Order 39, Rule1 and 2,cpc

(a) You will reject the application as not maintainable.

(b) You will grant the application as permissible.

(c) You will pass alternative order for recording statements by visiting the Spot and to give report of fact finding on basis of such statement.

(d) You will yourself proceed to record such statements.

Ans. (a)

Order XXXIX, Rule 2 of the Civil Procedure Code deals with

(a) Attachment before judgement

(b) Temporary Injunction

(a) Appointment of Receiver

Ans. (b)

2A. Consequence of disobedience or breach of injunction—

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, andmay 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. 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

In case of breach of any of the terms on which temporary injunction was granted, the court may order

(a) the person in breach to be detained in civil prison for indefinite period but not after the breach has ceased.

(b) attachment of the property of the person in breach and, if the breach continues for more than one year, sell the attached property and award the entire sale proceeds to the injured party as compensation.

(d) Both (a) and (b) are correct.

Ans. (c)

In a case of breach of terms on which injunction was granted under Civil Procedure Code, 1908 the court may pass an order of

(a) attachment and sale of property.

(b) attachment of property and detention in civil prison.

(d) (a) and (c) both

Ans. (b)

Under which one of the following provisions of the Civil Procedure Code, 1908 consequences of disobedience or breach of injunction has been described?

(a) Order XXXII

(b) Order XXXIII

(d) None of the above

Ans. (c)

Under Civil Procedure Code, defendant can ask for temporary injunction against the plaintiff if—

(a) There appears to be a danger that plaintiff would waste or alienate the suit property

(b) The plaintiff threatens to dispose off the property with a view to defrauding his creditors

(a) All of them

Ans. (d)

A temporary injunction can be granted to a party establishing

(a) a prima facie case in his favour

(b) balance of convenience in his favour

(d) all of the above

Ans. (d)

Civil Procedure Code provides for

(a) temporary injunction

(b) permanent injunction

(d) none of the above

Ans. (a)

3. Before granting injunction, Court to direct notice to opposite party—

The Court shall in all cases, 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 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—

(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—

i. a copy of the affidavit filed in support of the application;

ii. a copy of the plaint; and

iii. copies of documents on which the applicant, relies, and

(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.

3A. Court to dispose of application for injunction within thirty DAYS. —

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.

Where any injunction is passed without giving notice to opposite party the court will try to decide the application within:

(a) 7 days

(b) 15 days

(d) 30 days

Ans. (d)

4. 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:

Provided that if in an application for temporary injunction or in any affidavit supporting such application, a party 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:

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 undue hardship to that party.

5. Injunction to corporation binding on its officer—

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.

Which Rule of Order XXXIX of the Code provides that an injunction directed to the Corporation is binding not only on the Corporation but also on all members and officers of the Corporation whose personal action it seeks to restrain—

(a) Rule 3

(b) Rule 3A

(d) Rule 5

Ans. (d)

The Court shall not grant temporary injunction where:

(a) Any property, in dispute, in a suit is in danger of being wasted, damaged or alienated by any party

(b) Where plaintiff can be compensated by money

(d) None of the above

Ans. (b)

What is incorrect about a temporary injunction:

(a) It finally settles the mutual rights of the parties and directs a party for all time to do or abstain from doing a thing

(b) Can be granted ex parte

(d) Continues unless a specific time

Ans. (a)

INTERLOCUTORY ORDERS

6. Power to order interim sale—

The Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to have sold at once.

7. Detention, preservation, inspection, etc., of subject-matter of suit —

1. The Court may, on the application of any party to a suit, and on such terms as it thinks fit,—

(a) make an order for the detention, preservation or inspection of any property which is the subject-matter of such suit, or as to which any question may arise therein;

(b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or building in the possession of any other party to such suit; and

(c) for all or any of the purposes aforesaid authorize any samples to be taken, or any observation to be made or experiment to be tried, which may seem necessary or expedient for the purpose of obtaining full information or evidence.

2. The provisions as to execution of process shall apply, mutatis mutandis, to persons authorised to enter under this rule.

8. Application for such orders to be after notice—

1. An application by the plaintiff for an order under rule 6 or rule 7 may be made at any time after institution of the suit.

2. An application by the defendant for a like order may be made at any time after appearance.

3. Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.

9. When party may be put in immediate possession of land the subject-matter of suit—

Where land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in possession of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or rent due previously to the sale (and with or without security at the discretion of the Court), be put in immediate possession of the land or tenure; and the Court in its decree may award against the defaulter the amount so paid, with interest thereon at such rate as the Court thinks fit, or may charge the amount so paid, with interest thereon at such rate as the Court orders, in any adjustment of accounts which may be directed in the decree passed in the suit.

10. Deposit of money, etc. in Court—

Where the subject-matter of a suit is money or some other thing capable of delivery and any party thereto admits that he holds such money or other thing as a trustee for another party, or that it belongs or is due to another party, the Court may order the same to be deposited in Court or delivered to such last-named party, with or without security, subject to the further direction of the Court.

Rules 6 to 10 of order 39 of C.P.C. deal with

(a) attachment of property

(b) arrest of persons

(d) interlocutory orders

Ans. (d)

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CPC Order 39

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