application under Order 39, Rule 7 CPC praying for appointment of a Commissioner to assess and report the actual position with regard to the staircase. The decree-holder thereafter filed application for execution of final decree on 27-9-1965. Application for order under rule 2. Order 21 - Process for execution . (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. 6. 4—Orders by court. Rajinder Singh Anand, (2008) 5 SCC 117. 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. In such case Court could have dismissed interim application filed by X and further could have allowed interim application … 3—Procedure. Application under order 39 Rule 1 and 2 read with section 151 of the Civil Procedure Code, 1908 amendment till date on behalf of the Plaintiff/appellant . 4—Contents of judgment. for grant of temporary injunction has been decided by an order dated 16.01.2009 and it has been ordered by the learned Court not to sale, mortgage or take Pagdi from any other person during the pendency of the suit. That the applicant/plaintiff has filed a case before this honorable court hearing where of will take some time. That the applicant/plaintiff has filed the accompanying plaint in the above mentioned suit before this honorable court hearing and the same will take some time. 4. It is not the case of the defendant that the case put forward by him fits into Sub-rule (a) of Order 39 Rule 1 CPC wherein any party could be restrained by grant of an injunction”. The present application has been filed under Order 39 rule 2A CPC. Order 41 Rule 1 to 4. Entire Civil jurisprudence depends upon Order 39 Rule 1 and 2 C.P.C it is not known that whether Y filed application under Order 39 Rule 4 C.P.C counter claiming injunction in his favour. 1-2-1977. That, the application filed by the plaintiff under Order 39 Rule 1 and 2 of C.P.C. Originating application under section 58 (2) of the Trans-Tasman Proceedings Act to enforce an order made by a New Zealand court (doc - 56 kb) Rule 34.71 1/8/11 A second application can also be entertained in proceedings of a suit in changed circumstances. 2—Power to pronounce judgment written by another judge. Application of the appellant has been rejected vide order dated 19.12.2005 without assigning any reason and it cannot be said as to whether the application was rejected merely on the ground that the land in dispute, at that time was a designated vacant land and not meant for the industrial purpose, thus, its application could not be entertained. That the applicant/plaintiff has filed the accompanying plaint in the above mentioned suit before this honorable court hearing and the same will take some time. It was held that the proviso to Rule 17 of Order VI of the Code of Civil Procedure, to some extent, limits the scope of amendment of pleadings, but it would still vest enough powers in courts to deal with unforeseen situations whenever they arise. Duration and lifting of orders under Rule 39: Interim measures may be indicated for the duration of the proceedings before the Court or for a more limited period of time. Rule 4(d)(5) applies the principles of Rule 4(d) to service of public entities subject to suit under a common name. sub-rules viz., Sub-rule (b) and (c) of Rule 1 or Rule 2 of Order 39 CPC a defendant can obtain an order of injunction against the plaintiff cannot be accepted. However, by order dated 23.1.2014 the learned Here, it is most relevant to consider Order 19, Rule 1 of CPC. 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. Judge, has allowed an application for stay of the suit in question pending before him under Section 10 of CPC, thereafter, has proceeded to consider and decide certain applications interlocutory in nature filed under Order 39 Rules 1 and 2 of CPC by the respondents, petitioner feels aggrieved by the aforesaid action of learned Distt. 2. Form Bank 6: Give notice of opposition to a bankruptcy order. 4 Application by interested person to revoke or vary warrant for search and seizure or restraint order or for examination of property (O. Order-XXXIX, Rule-2A.Consequence of … 89E, r. ... 6 Order 60, Rule 4 not applicable (O. 1. 4. Enforcement of charging order by sale. 4. Application under order 39 Rule 1 and 2 read with section 151 of the Civil Procedure Code, 1908 amendment till date on behalf of the Plaintiff/appellant . Order 40 Rule 1 to 5. 9A. Money in Court: Charging Order. Service of notice of order to show cause. Order 21 Rule 10 to 23. Order 21 - Stay of execution . 8. If the court makes such an order, it should be served on the registrar by making an application under rule 127 of the Land Registration Rules 2003 in form AP1. 7. Chander Kanta Bansalv. 3—Judgment to be signed. An Application under Order 39 Rule 1 and 2 read with Section 151 CPC., for issuing exparte ad-interim injunction against defendants, till decision of suit was filed in the trial court along with the application of permanent injunction. Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. 9. The language mentioned in Order 39 rule 1 ‘ Where in any Suit it is proved by affidavit or otherwise—‘ has some meaning. Sub-rule (2) of rule 10 of order 1 provides that the court can add a person or organization as a necessary party at any stage of the proceedings. of charging order. ORDER 20 APPLICATION FOR AN ACCOUNT Rule 1—Order for accounts. Section 34 and Rule 53(4) Application for an opportunity of being heard: PV 18: Section 36(1) and Rule 55: Application for Cancellation or Change of the Certificate of Registration of a Plant Variety: PV 19: Section 36(2) and Rule 57: Application for correction in National Plant Variety Register: PV 20: Section 36(4) and Rule 59 Making and effect of charging order absolute. 10. 5. Order 41 - Appeals from original decrees . 1 October 2017 Form Form Bank 7: Notice of persons intending to appear ... Form Comp 8: Rule 3.3 - Administration application… To print the whole chapter in HTML, please click at the bottom of the TOC panel and then click .Please set the page orientation to “Landscape” for printing of bilingual texts on a single page. Order 21 - Application for execution . Effect of order to show cause. Order 21 Rule 24 to 25. No appeal lies against decisions refusing application of Rule 39. (4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam Agencies in the State of Andhra Pradesh and the Union territory of Lakshadweep, the application of this Code shall be without prejudice to the application of any rule or … The Hon,ble court issued the notices to defendants. 19 17. 6. 4. may grant injunction ancillary to chargingorder. Rule 4(d)(6) is designed to ensure that the Attorney General receives prompt notification of any possible court test (however collateral) of an order of an officer or agency of the Commonwealth. Application under order 39 Rule 1 and 2 IN THE COURT OF _____ Application No:_____ of 2004 Applicant Versus Respondent Application under order 39 Rule 1 and 2 of the Civil Procedure Code Respectfully Sheweth: 1. 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.. Order 40 - Appointment of receivers . Discharge etc. It is pertinent to observe that order 39 rule 2A CPC M.No. 2—Order for accounts on counterclaim. The respondent-defendants filed their reply to the application and contested the same. appealable. Respectfully Sheweth: 1. ORDER 21 JUDGMENT AND DECREE Rule 1—Judgment when pronounced. Every application under Order XXII, Rule 9 (read with Rule 11) of the Code of Civil Procedure, by a person claiming to be the legal representative of a deceased or the assignee or the receiver of an insolvent plaintiff or appellant, for an order to set aside an order … Respectfully Sheweth: 1. (3) The notice of application, a copy of the affidavit in support and of any exhibits referred to therein must be served on the defendant within fourteen days from the date of receipt of the sealed notice of application by the applicant. From this, it can be understood that a fact as to interlocutory application filed under O rder 39 Rule 1 CPC can be proved by an affidavit. 3. An order under Rule 39 may be lifted at any time by a decision of the Court. 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