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Bare acts > Code of Civil Procedure, 1908 > Order 39 Rule 1
 
  


 

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.


HIGH COURT AMENDMENTS

Allahabad.- In Clause (a) the words “or wrongfully sold “alienation” are now restored which were deleted by former amendment.

Andhra Pradesh.- Substitute the following for Rule 1:

‘1. 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 of intends to remove or dispose of his property with a view to defraud his creditors: or

(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury or loss to the plaintiff;

the Court may 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.” (26.7.1956).

Assam and Nagaland. Calcutta, Andaman and Nicobar Islands.- Add sub-rules (2) and (3) as follows:

“(2) In case of disobedience or of breach of the terms of such temporary injunction or order, the Court granting the injunction or making such order may order the property of the person guilty of such disobedience or breach to be attach, and may also order such person to be detained in the civil prison for a term not exceeding six months unless in the meantime the Court direct his release:

(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 tile 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.”

Calcutta (Andaman and Nicobar Islands) and Gauhati (Assam), Meghalaya, Manipur and Tripura:


Re-number Rule I as Rule 1(l) and add the following as sub-rules (2) and (3):

“(2) In case of disobedience, or of breach of the terms of such temporary injunction or order, the Court granting the injunction or making such order may order the property of the person guilty of such disobedience ox breach to be attached and may also order such person to be detained in the civil prison for a term not exceeding six months, unless in the meantime the Court directs his release.

(3) The property attached under sub-rule (2) may, when the Court considers it fit so to direct, be sold and, out of the sale proceeds, the Court may award such compensation to the injured party as it finds proper and shall pay the balance, it any, to the party entitled thereto” (3.2.1933).

Kerala, Laccadive, Minicoy and Amindivi Islands.- (i) Rule 1 shall be re-numbered as sub-rule (1) and after the words “wrongfully sold” insert the words “or delivered.”

(ii) After sub-rule (1) insert the following sub-rule (2):

“(2) In case of disobedience of any order passed under sub-rule (1), the Court granting the injunction may proceed against the person guilty of such disobedience under sub-rules (3) and (4) of Rule 2 of this order.” (9.6.1959).

Patna and Orissa.- Substituted the word “the” for the word “as” in line I of clause (a) and add the following proviso after Rule 1:

“Provided that no such temporary injunction shall be granted if it would contravene the provisions of Section 56, Specific Relief Act, 1877:

“Provided further that an injunction to restrain a sale, or confirmation of sale, or to restrain delivery of possession, shall not be granted except in a case where the applicant cannot lawfully prefer and could not lawfully have preferred, a claim to the property, or objection to the sale, or to the attachment preceding it before the Court executing the decree.”(8.IO.1937).

 

 

 

 

 

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