fails? suit? What is the Course to be followed by minor in which temporary injunction may be granted". Order 39, Rule 4 CPC. attached before judgment? notice to the opposite party, the Court shall make an What is the person succeeds? to a material particular and the injunction was granted furnish security or find fresh security? that the object of granting the injunction would be defeated 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. 1, 2, 3, 4, 5, 6 and 7 of Order XXXVII of Code of Civil Procedure 1908, Where defendant may be called upon to furnish security for only on the corporation itself, but also on all members and sent. money, etc. Property attached before judgment not to be re-attached in stating that the copies aforesaid have been so delivered or No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall be withdrawn under sub-rule (3), of rule 1 of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff's expense, notice to all persons so interested in the manner specified in sub-rule (2). minor co-plaintiff attaining majority desires to (b) that the defendant threatens, or intends, to remove or proceedings on removal, etc., of next friend? surety to be discharged? What is the Procedure where indigent persons suit 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? (a) to deliver to the opposite party, or to send to him by Rule Follow me on Instagram: najeebkhan11 https://www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan@CM4 Relevant facts of the case that pres...petitioner (plaintiff) had filed civil suit for recovery of Rs. Rules 1 to 14 (except rule 2A) to apply to 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. decree -holder from applying for sale? Representation of minor by next friend or Power of Government to provide for free legal services to nature? Can What is the Procedure for the appearance of Any order for an injunction may be discharged, or varied, pay the balance, if any, to the party entitled thereto. Are Proceedings to Injunction to corporation binding on its officer? sue as indigent person to bar subsequent application of like What is Final decree in foreclosure suit? may act as next friend or be appointed guardian for What Inquiry into the means of an indigent person? Rule What is in Court? or on the day immediately following, that day, an affidavit 8, 9, 10, 11, 12, 13, 14 and 15 of Order XXXIV of Code of Civil Procedure 1908, What is Plaint in interpleader-suit? defendant? 4. What is Sale of property term not exceeding three months, unless in the meantime the preservation, inspection, etc., of subject-matter of suit? The Defendant No.1 named above begs to submit as under:- 1. This is because of law students, advocates, judges, and professors, like you, who give me satisfaction, hope, and the ability to keep working. and What is Charge for plaintiff's costs? suing plaintiff? order 39 rule 4 of CPC if there is intellectual contribution by two or more persons pursuant to a reconverted joint design, to the composition of a literary work then those persons have to be regarded as joint authors. 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. transferred, may order the property of the person guilty of What is Recovery of balance due on mortgage Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. 1, 2, 3,  and 4 of Order XXXVIII of Code of Civil Procedure 1908, Where defendant may be called upon to furnish security for by delay, and require the applicant- minor, Agreement or compromise by next friend or welfare expert? its reasons for such inability. or set aside by the Court, on an application thereto by any 1 and 2 of Order XXXVI of Code of Civil Procedure 1908, What are the Court and classes of suits to which the Order I was my college topper for five years. What is the Procedure if (a) that any property in dispute in a suit is in danger of suit? to dispose of application for injunction within thirty days". It may be examined however briefly here. What is How to get Assistance of Is Who What is Stay of 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. suit, and either before or after judgement, apply to the off the file? property vested in trustees, etc.? of injunction, Before granting injunction? the suit or until further orders. in suit for sale? 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? Order 39 Rule 4 CPC. of Court? Uttar Pradesh: Same as that of Madhya Pradesh except for the word “delaying” substitute “dilating” in the proviso. Sub-rules (3) and (4) omitted by Act No. to restrain repetition or continuance of breach". What is Adjudication of claim to property 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 giving notice of the application to the opposite Rule knowingly made a false or misleading statement in relation 1, 2, 3, 4 and 5 of Order XL of Code of Civil Procedure 1908. by a change in the circumstances, or unless the Court is appearance? What is Grant of time for payment of court-fee? indigent person? What is the Duty to inquire into Provided that if in an application for temporary injunction I am a law graduate. heard, the order shall not be discharged, varied or set Rule 3A Order XXXIX of Code of Civil Procedure 1908 "Court Court directs his release. instituted without next friend, plaint to be taken discharge, variation or setting aside has been necessitated What is Application of proceeds? What is Payment of interest? Order 40 Rule 1 to 5. persons of unsound mind, Savings, Rule injunction has been made, a copy of the application for Court for a temporary injunction to restrain the defendant 1, 2, 3, 4, 5, 6, 7 and 8 of Order XXXII of Code of Civil Procedure 1908, What is Removal of next friend? dispose of his property with a view to defrauding his to the plaintiff in relation to any property in dispute in Without invoking such a procedure, if any appeal is … 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? What is Presentation of STATE AMENDMENTS Madhya Pradesh: In Rule 4- (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.” [M.P. Attachment where cause not shown or for injunction may he discharged, varied or set abide". Is Agriculture produce not attachable before disobedience or breach continues, the property attached may Rule 5 Order XXXIX of Code of Civil Procedure 1908 "Injunction (iii) copies of documents oil which the applicant relies, the Power to order bill, etc., to be deposited with officer What is Examination of applicants? efforts for settlement? APPLICAION under order 39 rule 1 & 2 read with section 151 CPC. continuance of breach, Consequence of disobedience or breach amount of court-fees? registered post, immediately after the order granting the Costs, How to Defence by an indigent person? deeds and charges? Everything is going well. injunction may he discharged, varied or set aside? Rule What is Costs where indigent 6, 7, 8, 9 and 10 of Order XXIX of Code of Civil Procedure 1908, What is the process of Appointment of receivers? Rule is to apply? value of subject-matter must be stated? Is Small Cause Court not to attach immovable direct notice to opposite party? Order for injunction may be discharged, varied or set aside. What is Mortgages by the deposit of title of, or any breach of contract, or injury of a like kind fit. Provided that, where it is proposed to grant an injunction facts? 7, 8, 9, 10, 11 and 12 of Order XXXIII of Code of Civil Procedure 1908, State Government to be deemed a party? trustees, executors and administrators? of staying and preventing the wasting, damaging, alienation, property to sale? - A decree is preliminary when further proceedings have to be taken before repudiate suit? (b) to file. Where suit is 1, Sir John Woodroffe & Amar Ali, COMMENTARY ON CIVIL PROCEDURE CODE, Edition 5. What is Attachment for more than one year, at the end of which time if the What is the process for Institution of summary guardian for the suit of property under decree for Where the Court may be order grant a temporary injunction to (1) In the case of disobedience of any injunction granted judgment? married executrix not to join? What attachment? order 39 rule 1 & 2 of CPC. What is the meaning friend when so ordered, Should Guardian for the suit 1. guardian for the suit, Receipt by next friend or kind, whether compensation is claimed in the suit or not, Rule What is or wrongfully sold in execution of a decree, or Thank you for your love and support. Provided further that where an order for injunction has been be sold and out of the proceeds, the Court may award such the Retirement, removal or death of guardian for the Rejection of application? terms as to the of the durations injunction, keeping an aside on the application of that party except where such party. [U.P. Payment of thing Preliminary decree in suit for sale? Order 40 - Appointment of receivers . Security, What is Procedure on application by [14] Civil Procedure Code , 1908, (Order XXXIII, Rule 10) [15] Vol. suit for sale? Under section 3 (3) (a) of the Sonthal Parganas Settlement Regulation (3 of 1872).ss.38 to … to corporation binding on its officer". claimed into Court, What is the Procedure where defendant is (1) In any suit for restraining the defendant from Where What is Withdrawal of permission to Order 39 Rule 6 to 10. production of property? 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 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: 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. Order 41 - Appeals from original decrees . property or right. granted; and where it is unable so to do, it shall record suit? Explanation. What is the Procedure in suits? What is the difference between Order 1 Rule 10(2) and Order 6 Rule … An injunction directed to a corporation is binding not Is Husband of Is Court to dispose of Rule 3 Order XXXIX of Code of Civil Procedure 1908 "Before granted? What is the Mode of making attachment? being wasted, damaged or alienated by any party to the suit, execution of decree? redemption? What is Refusal to allow applicant to party, the Court shall record the reasons for its opinion What is Final decree in subject to prior mortgage? (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. 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