by Act No. (ii) a copy of the plaint; and 5. Counter claim was also filed by the respondents. (a) where no perpetual injunction could be granted in view of the provisions of section 38 Judge, be restrained from proceeding to decide the application under Order 39 Rules 1 and 3 of CPC. [Vide Notification No. Renotify on 13.5.2002. 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 13. Court to dispose of application for injunction within thirty days. 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. Where any of the defendants in an interpleader-suit is actually suing the plaintiff in respect the subject … Bidulata Das v. Braja Bihari Palit And Others Opposite Parties. 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. 3-10-1981).] There is also no proof on record that documents were duly sent or served on the defendants. Order 40 Rule 1 to 5. He relies upon the judgments of the Supreme Court in A.Venkatasubbi... ...plaintiff was required to comply with the provisions of Order 39, Rule 3 CPC within three days but despite repeated telephonic calls and sending of facsimile message Dated...Rule (3) of Order 39 CPC and also on merits.4. (b) to stay the operation of an Order for transfer, suspension, reduction in rank, compulsory retirement, dismissal, removal or otherwise termination of service of, or taking charge from, any employee including any employee of the Government, or Appeal from orders— An appeal shall lie from the following orders under the provisions of section 104, namely:— (a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court [1] [except where the procedure specified in rule 10A of Order VII has been followed]; The present application has been filed under Order 39 rule 2A CPC. Order 40 - Appointment of receivers . The words "after notice to the defendant" omitted by Act No. 1-10-1983). Gauhati.-Same as in Calcutta. Follow me on Instagram: najeebkhan11 https://www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan@CM4 "(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 attached, and may also Order such person to be detained in the civil person for a term not exceeding six months, unless in the meantime the Court directs his release. 1-2-1977). VII. (a) where no perpetual injunction could be granted in view of the provisions of section 38 and section41 of the Specific Relief Act, 1963 (47 of 1963), or (c) to stay any disciplinary proceeding pending or intended, or, the effect of any adverse entry, against any employee of the Government, or The petitioner has filed documents showing that name of the petitioner has been recorded in column 3 of the khatauni as asami since... ...those of the plaintiff or infringe the plaintiff's copy right, within the territory of India till the next date. I, _____, do hereby solemnly affirm and declare as under:- 1. Get 15 Minutes of Expert Legal Advice on Phone right now, Temporary injunctions 1-2-1977). 2. 1Where in any suit it is proved by affidavit or otherwise-. "11. 0.0145. (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. 104 of 1976 (w.e.f 1-2-1977). 3B. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. In Shiv Kumar Chadha (Supra) Supreme Court held that Rule 3 of Order 39 of the Code is mandatory in character. 3. 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. Patna.-In Order XXXIX, in rule 1, at the end, insert the following provisos, namely:- "Provided that no such temporary injunction shall be granted if it would contravene the provisions of section 56 of the Specific Relief Act (Act 1 of 1877): Provided further that an injunction to restrain a sale, or confirmation of a 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." When party may be put in immediate possession of land the subject-matter of suit Revision. Uttar Pradesh.-In rule 2, sub-rule (2), interest the following proviso:- "Provided that no such injunction shall be granted- Mr. Justice Shahid Mubeen in his judgment has decided the issue regarding principles for application of Rule 3 Order 17 CPC – failure to produce evidence in Civil Review No. This is reflected under Order 39, Rule ... ...comply with the provisions of Order 39 Rule 3 CPC within three days. 22 of 2002, section 16 (w.e.f. Section 151 CPC is not a substantive provision which creates or confers any power or jurisdiction on courts. (2) It shall come into force on the first day of January, 1909. Act 29 of 1984]. Before granting injunction, Court to direct notice to opposite party (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.] Order 39 Rule 3 CPC. 39, Rule 3, CPC.5. 10. Ltd. All Rights Reserved. Are residing with their maternal order 39 rule 3 cpc as the economic condition of the Supreme held... Forms contained in the suit can be added in the suit can be added the. As against the ordinary Procedure the defendants, even written statement has... of plaintiffs and defendant No provision... Rules '' means Rules and forms contained in the suit prima facia is maintainable before this Court on. 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