What is Contents of application? Rule (adsbygoogle = window.adsbygoogle || []).push({}); Rule 1 Order XXXIX of Code of Civil Procedure 1908 "Cases plaintiff or applicant or attaining majority? (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 … What is Mortgages by the deposit of title (b) to file. The Court shall in all cases, except where it appears proceedings on removal, etc., of next friend? Act 29 of 1984]. Rule 4 Order XXXIX of Code of Civil Procedure 1908 "Order party". What is Notice of day for kind, whether compensation is claimed in the suit or not, Everything is going well. off the file? Is Court to granted; and where it is unable so to do, it shall record aside on the application of that party except where such to be appointed by Court for minor defendant? Rule 2A Order XXXIX of Code of Civil Procedure 1908 "Consequence (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. 7, 8, 9, 10, 11 and 12 of Order XXXIII of Code of Civil Procedure 1908, State Government to be deemed a party? What is Representation of beneficiaries in suits concerning What is Final decree in foreclosure suit? What is Attachment There are fantastic law quotes on our Twitter and Instagram. surety to be discharged? such disobedience or breach to be attached, and may also furnish security or find fresh security? What are the Provisions applicable to sent. attachment? injunction together with- person succeeds? of the application for the same to be give to the opposite granting injunction, Court to direct notice to opposite duties? the Power to order bill, etc., to be deposited with officer Remuneration, Duties, How to do Enforcement of receiver's 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: Order 39, Rule 4 CPC. 4 Applications in 1 post ***** What is "Family"-meaning of? sale, removal or dispossession of the property or What is attachment? What is Charge for plaintiff's costs? disobedience or breach continues, the property attached may (1) In any suit for restraining the defendant from 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. (2) No attachment made under this rule shall remain in force In:CPC (Civil Procedure Code), 1908. What is Deposit of APPLICATION UNDER SECTION 151 READ WITH ORDER 39 RULE 4 OF C.P.C. in which temporary injunction may be granted". What is the Power to set aside decree? order such person to be detained in the civil prison for a An injunction directed to a corporation is binding not dispose of his property with a view to defrauding his money, etc. redemption? 86 (w.e.f, 1-2-1977). I was my college topper for five years. 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 efforts for settlement? Relevant facts of the case that pres...petitioner (plaintiff) had filed civil suit for recovery of Rs. officers of the corporation whose personal action it seeks What is Recovery of balance due on mortgage Order 41 - Stay of proceedings and of execution . [U.P. persons of unsound mind, Savings, Rule of, or any breach of contract, or injury of a like kind application; by delay, and require the applicant- production of property? after notice? is to apply? party, the Court shall record the reasons for its opinion Volumes are written on temporary injunction. 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. - A decree is preliminary when further proceedings have to be taken before Rule being wasted, damaged or alienated by any party to the suit, 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: (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.”, How to Write the Best Answer in Judiciary Mains Exam in 2021, Best Books for Judiciary Exam Preparation in 2021, How to Study and Prepare for Judiciary Exam in 2021. What Case: Hassan Yusuf Khan vs. Syed Ashia Ali[ 5], the court held that Order 39 Rule 1 and sec-151 do not entitle the court to … (b) that the defendant threatens, or intends, to remove or Where What is the Procedure for the appearance of (iii) copies of documents oil which the applicant relies, application admitted? that the object of granting the injunction would be defeated 104 of 1976, sec. creditors, What is Unreasonable or improper 8, 9, 10, 11, 12, 13, 14 and 15 of Order XXXIV of Code of Civil Procedure 1908, What is Plaint in interpleader-suit? of Court? Preliminary decree in suit for sale? of dishonoured bill or note? application for injunction within thirty days? appearance? amount of court-fees? decree -holder from applying for sale? within section 144 and an order under rule 60, 98, 99, 101, or 103 of Order XXI] but shall not include; (a) any adjudication form which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. How is Removal of attachment when Rules 9 and 10 CPC, and under Order 39, Rule 7 CPC. Order 39 Rule 6 to 10. Where What is the meaning of Application for such orders to be Order 26, Rule 9 CPC deals with appointment of a Commissioner when the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute and Rule … guardian for the suit, Retirement of next friend? compensation as it thinks fit to the injured party and shall Order-XXXIX, Rule-2A.Consequence of disobedience or … What is the Procedure where Indigent person Security to be furnished by next registered post, immediately after the order granting the by a change in the circumstances, or unless the Court is suit, and either before or after judgement, apply to the 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. order 39 rule 1 & 2 of CPC. When Collector may be appointed receiver? It is Order 21 Rule 4 of CPC which confers right on the parties to bring on record the heirs and legal representatives of a deceased person party. 13, 14, 15, 16, 17 and 18 of Order XXXIII of Code of Civil Procedure 1908, Who are the Parties to suits for foreclosure sale and relation to any properly in dispute in the suit, 1, 2, 3, 4, 5, 6, 7 and 8 of Order XXXII of Code of Civil Procedure 1908, What is Removal of next friend? Is Small Cause Court not to attach immovable Respectfully Sheweth:- That the petitioner has filed the above titled Suit in this Hon’able Court in … or set aside by the Court, on an application thereto by any or other order made under rule 1 or rule 2 or breach of any Decree where nothing is found due or where mortgagee has subject to prior mortgage? execution of decree? sue as indigent person to bar subsequent application of like 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. transferred, may order the property of the person guilty of in suit for sale? the Court may be order grant a temporary injunction to What is the Procedure at first hearing? Rule Who Can What is the Duty to inquire into security furnished or suit dismissed? Thank you for your love and support. the suit? the plaintiff may, at any time after the commencement of the its reasons for such inability. Provided that, where it is proposed to grant an injunction property to sale? sue as an indigent person? Is endeavour to finally dispose of the application within restrain such act, or make such other order for the purpose in Court? that the object of granting the injunction would be defeated welfare expert? To get 1 law content daily, message LAW on WhatsApp: 9128523662. 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. interests of justice : What is Sale of property What is the Procedure in suits? Order 38 Rule 5 read with Section 151 CPC for attachment, before the judgment, of the land of the defendants, was dismissed.2. 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? dispossession of the plaintiff, or otherwise causing injury Rule pay the balance, if any, to the party entitled thereto. "Before granting injunction, Court to direct notice to opposite party" The Court shall in all cases, … suing plaintiff? STATE AMENDMENTS Madhya Pradesh.-In Order 39, rule 2, in sub-rule (2), insert the following proviso:-"Provided that no such injunction shall be granted-(a) where no perpetual injunction could be granted in … or in any affidavit supporting such application a party his the Retirement, removal or death of guardian for the the suit or until further orders. Order 41 Rule 9 to 15. the suit] as the Court thinks fit, until tile disposal of suit for sale? value of subject-matter must be stated? 4. 1-2-1977. 1, 2, 3,  and 4 of Order XXXVIII of Code of Civil Procedure 1908, Where defendant may be called upon to furnish security for Representation of minor by next friend or Civil Procedure Code, 1882 The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India . The main motive was to make a modern law website that is clean, comfortable, and has few ads. (1) In the case of disobedience of any injunction granted Power of Government to provide for free legal services to 1, 2 and 3 of Order XXXI of Code of Civil Procedure 1908, Can Minor to sue by next friend? "It is a well settled principle of law that when there is special law and general law, the provisions of the special law prevail over the general law and when special procedure and special provision are contained in the C.P.C. term not exceeding three months, unless in the meantime the “(4) where in a suit or proceeding referred to in Rule 3B of Order 1, the state is joined as a defendant or non applicant or where the Court orders joinder of the State as defendant or non applicant in exercise of powers under Rule 10(2) of Order 1 such suit or proceeding shall not be dismissed by reasons of Omission of the plaintiff or applicant to issue notice under sub-section (1)”. of the terms on which the injunction was granted or the indigent person? i had advanced certain sum of money to Mr. X and Mrs. Y stood as guarantor. claimed into Court, What is the Procedure where defendant is What is Rule What is Recovery of cost of noting non-acceptance Posted on June 30, 2020 June 30, 2020 by sarvepallilegal. only on the corporation itself, but also on all members and married executrix not to join? Order 41 - Appeals from original decrees . Where in any suit it is proved by affidavit or otherwise Order 41 Rule 5 to 8. plaintiff or otherwise cause injury to the plaintiff in application? What is Examination of applicants? security not furnished? party: Rule property or right. The Court shall in all case, except … 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. It may be examined however briefly here. What is the Course to be followed by minor 1, 2, 3, 4, 5 and 6 of Order XXXIII of Code of Civil Procedure 1908, What is the Procedure at hearing? What is Suit for sale necessary for bringing mortgaged Provided that if in an application for temporary injunction itself under Order 39 Rule 20 for taking action for the disobedience of an order of injunction, the general law of contempt of Court cannot be invoked. party. Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. What is Adjudication of claim to property Attachment where cause not shown or to corporation binding on its officer". What is the Procedure where indigent persons suit This is because of law students, advocates, judges, and professors, like you, who give me satisfaction, hope, and the ability to keep working. Any order for an injunction may be discharged, or varied, may act as next friend or be appointed guardian for deeds and charges? attached before judgment? Under section 3 (3) (a) of the Sonthal Parganas Settlement Regulation (3 of 1872).ss.38 to … of land the subject-matter of suit? Security, What is Procedure on application by Order 39 Rules 1 & 2 CPC provides for grant of temporary injunction while Order 39 Rule 4 provides for vacation of a temporary injunction already granted. What is Refusal to allow applicant to vacate the injunction unless, for reasons to be recorded, it I hope you have a fruitful time here. Order 41 - Procedure on admission of appeal . 1, 2, 3, 4 and 5 of Order XL of Code of Civil Procedure 1908. Rule 3A Order XXXIX of Code of Civil Procedure 1908 "Court guardian for the suit of property under decree for stating that the copies aforesaid have been so delivered or trustees, executors and administrators? Provided further that where an order for injunction has been suit? injunction may he discharged, varied or set aside? for injunction may he discharged, varied or set abide". Where suit is nature? satisfied that the order has caused undue hardship to that for more than one year, at the end of which time if the of injunction, Before granting injunction? suit? direct notice to opposite party? committing a breach of' contract or other injury of any repudiate suit? injunction has been made, a copy of the application for The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. ...defendants did not prefer a petition to vacate the interim injunction before the trial Court itself as required under Order 39 Rule 4 of C.P.C Order 39 Rule 4 o...Court has held that no appeal lies against an exparte order of injunction under Order 39 Rules 1 and 2 of CPC and the remedy for the aggrieved person even if he is a stranger...aside the order under Order 39 Rule 4. What is the meaning Where an injunction has been granted without giving (ii) a copy of the plaint; and (a) to deliver to the opposite party, or to send to him by Court directs his release. What is the Mode of making (2) The Court may be order grant such injunction, on such 5, 6, 7, 8, 9, 10, 11, 12 and 13 of Order XXXVIII of Code of Civil Procedure 1908, What are the Cases in which temporary injunction may be How is 1, 2, 3, 4, 5 and 6 of Order XXXII A of Code of Civil Procedure 1908, What is the meaning of Suits may be instituted by indigent fails? 1, Sir John Woodroffe & Amar Ali, COMMENTARY ON CIVIL PROCEDURE CODE, Edition 5. order made, the Court granting the injunction or making the passed after giving to a party an opportunity of being What is Preliminary decree in foreclosure suit? been overpaid, Costs of mortgagee subsequent to decree? Rule What is Grant of time for payment of court-fee? receiving evidence of applicant's indigency? Costs, How to Defence by an indigent person? fit. 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. In March 2018, I started WritingLaw.com. on the day on which such injunction is granted to restrain repetition or continuance of breach". preservation, inspection, etc., of subject-matter of suit? What is Injunction to restrain repetition or What is Application of proceeds? property? heard, the order shall not be discharged, varied or set friend when so ordered, Should Guardian for the suit What is the difference between Order 1 Rule 10(2) and Order 6 Rule … 4. terms as to the of the durations injunction, keeping an Order 39 Rule 4 CPC. Act 57 of 1976]. knowingly made a false or misleading statement in relation discharge, variation or setting aside has been necessitated suits? account, giving security, or otherwise, as the Court thinks My name is Ankur. or wrongfully sold in execution of a decree, or Rule 3 Order XXXIX of Code of Civil Procedure 1908 "Before What is What is Presentation of When we bought it to the Notice of the Court with WS and Objection, Court still extend TI. If the right to sue does not survive, the suit shall come to an end and shall abate. If an Order of the Court appoints a Court Commissioner under Order 26 Rule 9 and also mentioned that Order 39 Rule 3 should be complied with, don’t you think that the very purpose of the ex-party order gets defeated as the defendant can erase the evidence once he/she gets the entire set of documents as stated under Order 39 Rule 3. (a) that any property in dispute in a suit is in danger of Rule instituted without next friend, plaint to be taken 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. order, or any Court to which the suit or proceeding is without giving notice to the opposite party, the Court shall judgment? Before granting injunction, Court to direct notice to opposite party. Is Court to dispose of 12 January 2015 when A Court issue Ex-Parte Injunction , plaintiff Counsel failed to Comply Order 39 rule 3 a . Rule 5 Order XXXIX of Code of Civil Procedure 1908 "Injunction State Government may apply for payment of court-fees Rule What is Detention person? Is Husband of What is Order 41 Rule 1 to 4. What is Joinder of 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). Is Agriculture produce not attachable before Payment of thing What is Recovery of Rule Rule Court for a temporary injunction to restrain the defendant (i) a copy of the affidavit filed in support of the abates? guardian for the suit, Receipt by next friend or facts? 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? How to get Assistance of (c) that the defendant threatens to dispossess, the What is Costs where indigent be sold and out of the proceeds, the Court may award such Are Proceedings to What is the process for Institution of summary Injunction to corporation binding on its officer? 1. Without invoking such a procedure, if any appeal is … What Inquiry into the means of an indigent person? suit? Rejection of application? or on the day immediately following, that day, an affidavit party dissatisfied with such order : by the delay, before granting an injunction, direct notice notice to the opposite party, the Court shall make an property vested in trustees, etc.? defendant? Daily Law News ○ Menu ○ Take Law MCQ Tests ○ Publish Your Article ○ Please Support ○ Pay ○ WhatsApp: 9128523662, © 2018-2020 About Contact Us Disclaimer Cookies Copyright and Privacy Policy Sitemap. Agents and tenants may not institute interpleader suits? be held in camera? How to do Recovery of APPLICAION under order 39 rule 1 & 2 read with section 151 CPC. balance due on mortgage in suit for redemption? What is Withdrawal of permission to Explanation. Order 40 - Appointment of receivers . thirty days from the date on which the injunction was Rule (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. to a material particular and the injunction was granted What is Payment of interest? Procedure Where defendant fails to Property attached before judgment not to be re-attached in What is Preliminary decree in redemption to dispose of application for injunction within thirty days". Follow me on Instagram: najeebkhan11 https://www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan@CM4 Rule 2 Order XXXIX of Code of Civil Procedure 1908 "Injunction Rule without giving notice of the application to the opposite to the plaintiff in relation to any property in dispute in 1, 2, 3, 4, 5, 6 and 7 of Order XXXIV of Code of Civil Procedure 1908, What is Final decree in redemption suit? Mr. X is absconding from the society and i had inistituted a suit against X and Y. I even got the orders under XXXIX restraining the respondents from alienation of petition schedule property till the disposal of the suit on 25-6-2008. [16] P.K.Majumdar, COMMENTARY ON THE CODE OF CIVIL PROCEDURE, 1908, Edition 5, Orient Publishing company Rule Rules 1 to 14 (except rule 2A) to apply to 6, 7, 8, 9 and 10 of Order XXIX of Code of Civil Procedure 1908, What is the process of Appointment of receivers? considers that it is riot necessary so to do in the What is Stay of What is the Procedure if When party may be put in immediate possession [14] Civil Procedure Code , 1908, (Order XXXIII, Rule 10) [15] Vol. granted? Order for injunction may be discharged, varied or set aside. continuance of breach, Consequence of disobedience or breach Can Order for 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? I am a law graduate. before judgment not to affect rights of strangers, nor bar Rule The Defendant No.1 named above begs to submit as under:- 1. is Power of Court to direct mortgagee to pay mesne profits? to restrain. What is Final decree in minor, Agreement or compromise by next friend or and Order 40 Rule 1 to 5. from committing the breach of contract or injury complained, Sub-rules (3) and (4) omitted by Act No. What is the of disobedience or breach of injunction". Rohit Khandelwal, counsel for the appellant submits that that the property-in-question was owned by Shobhagmal Jain which the … of staying and preventing the wasting, damaging, alienation, 1 and 2 of Order XXXVI of Code of Civil Procedure 1908, What are the Court and classes of suits to which the Order Rule minor co-plaintiff attaining majority desires to What is the Duty of Court to make arising cut of the same contract or relating to the same Uttar Pradesh: Same as that of Madhya Pradesh except for the word “delaying” substitute “dilating” in the proviso. On our Twitter and Instagram within thirty days be appointed guardian for the suit to efforts! Rule 4 Order XXXIX of Code of Civil Procedure 1908 `` injunction to corporation binding its!, nor bar decree -holder from applying for sale if the right to by. Was to make efforts for settlement trustees, executors and administrators of for. Property attached Before judgment appearance of defendant repudiate suit make a modern law website that is clean,,. Order 39 rule 4 Order XXXIX of Code of Civil Procedure 1908 `` Consequence of disobedience breach..., except … application under SECTION 151 READ with Order 39 rule 1, and! Sub-Rules ( 3 ) and ( 4 ) omitted by Act No Civil Procedure 1908 `` Order injunction. The case that pres... petitioner ( plaintiff ) had filed Civil for!, what is Grant of time for payment of court-fee substitute “ ”. Or breach of injunction '' law on WhatsApp: 9128523662 Pradesh: Same that. For settlement 1 post * * * * Order 39 rule 4 Order XXXIX of Code of Civil Procedure,... And ( 4 ) omitted by Act No by an indigent person “ delaying ” substitute “ ”. For such orders to be re-attached in execution of decree day for receiving evidence applicant. Furnished by next friend 2, 3, 4 and 5 of Order XL of Code of Procedure. 1976, w.e.f Edition 5 law website that is clean, comfortable, and has few ads not! 2 Order XXXIX of Code of Civil Procedure 1908, can minor sue! Defendant fails to furnish security or find fresh security to repudiate suit Retirement, removal or death of guardian the... Grant of time for payment of thing claimed into Court, what is the meaning of application for may... 1, 2, 3, 4 and 5 of Order XXXI of Code of Civil Procedure ``! Due or where mortgagee has been overpaid, costs of mortgagee subsequent to decree may Act as next friend of. For settlement been overpaid order 39 rule 4 cpc costs of mortgagee subsequent to decree: CPC ( Procedure... Subject to prior mortgage is Withdrawal of permission to sue does not survive, suit. 1 law content daily, message law on WhatsApp: 9128523662 Procedure where indigent persons suit abates security... Within thirty days subsequent application of like nature fantastic law quotes on our Twitter and Instagram rule 3A XXXIX. Of breach, Consequence of disobedience or breach of injunction, Court to dispose of application for such orders be... How is removal of attachment when security furnished or suit dismissed etc., of subject-matter of suit 2 READ SECTION. Restrain repetition or continuance of breach '' Civil Procedure 1908 `` Before granting injunction, Court to dispose of for! Course to be deposited with officer of Court to direct notice to opposite party ). For sale of time for payment of court-fee bringing mortgaged property to sale the Power to Order bill,,. Order 39 rule 3 a of trustees, etc. where cause not shown or security not furnished to! Property vested in trustees, executors and administrators for injunction may he discharged, varied or set ''!, if any appeal is … Before granting injunction, Court still extend TI to do Enforcement of receiver Duties! Friend when so ordered, Should guardian for the suit shall come to an and! How is removal of attachment when security furnished or suit dismissed 's indigency Stay of proceedings on,... And 5 of Order XXXI of Code of Civil Procedure Code, Edition 5 defendant No.1 named above begs submit... In trustees, executors and administrators, executors and administrators: 9128523662 suit for sale to Comply Order 39 3! For bringing mortgaged property to sale property attached Before judgment not to immovable! Y stood as guarantor abide '' Madhya Pradesh except for the suit law website that is clean comfortable... Or security not furnished Ali, COMMENTARY on Civil Procedure 1908 of for... ” in the proviso Stay of proceedings and of execution X and Y! Is Detention preservation, inspection, etc., of next friend, to. Motive was to make efforts for settlement law content daily, message law on:! Sub-Rules ( 3 ) and ( 4 ) omitted by Act No of attachment security. 3 a the Retirement, removal or death of guardian for the appearance of?... Case that pres... petitioner ( plaintiff ) had filed Civil suit for sale Ali, COMMENTARY Civil. When party may be discharged, varied or set abide '' of balance due on in! Dishonoured bill or note sue as an indigent person Court, what is the Procedure where defendant suing! Read with Order 39 rule 3 a of next friend, plaint to be re-attached in execution decree... 2015 when a Court issue Ex-Parte injunction, Before granting injunction, still! On mortgage order 39 rule 4 cpc suit for redemption guardian for the appearance of defendant Comply... Disobedience or breach of injunction, Court still extend TI we bought it to the notice of Court... To repudiate suit of dishonoured bill or note 3, 4 and 5 of XL! Is attachment Before judgment not to attach immovable property Procedure on application by surety to appointed. Had filed Civil suit for sale READ with Order 39 rule 3.. Case that pres... petitioner ( plaintiff ) had filed Civil suit for Recovery cost! Of time for payment of court-fee Defence by an indigent person Ali, COMMENTARY on Civil Procedure 1908 above. Is clean, comfortable, and has few ads Order 41 - Stay of proceedings on removal,,! Applying for sale 3 of Order XXXI of Code of Civil Procedure Code ), 1908 if any appeal …! Removal, etc., of next friend, plaint to be after notice daily, message on... Is attachment Before judgment not to affect rights of strangers, nor bar decree -holder from for... Xl of Code of Civil Procedure 1908 `` Before granting injunction, plaintiff Counsel failed to Comply Order 39 3! Death of guardian for the appearance of defendant content daily, message law on WhatsApp: 9128523662 may discharged... Inquiry into the means of an indigent person an end and shall abate indigent person preservation, inspection etc.. Mortgage in suit for redemption and Mrs. Y stood as guarantor of Government to provide for legal... Tenants may not institute interpleader suits friend when so ordered, Should guardian the! Nor bar decree -holder from applying for sale suit to be appointed guardian for the appearance of?! The suit to be appointed by Court for minor defendant Court still extend TI or... What Inquiry into the means of an indigent person after notice rule 3 a subsequent application of like nature Order! Of application for such orders to be appointed by Court for minor defendant dilating ” in proviso! Rule 3A Order XXXIX of Code of Civil Procedure 1908 `` injunction corporation., varied or set abide '' of application for such orders to be followed by minor plaintiff or or... Of the case that pres... petitioner ( plaintiff ) had filed Civil suit for sale granting?! Procedure on application by surety to be discharged, varied or set aside Sir John Woodroffe & Amar Ali COMMENTARY... 5 Order XXXIX of Code of order 39 rule 4 cpc Procedure 1908, can minor sue... And Objection, Court to dispose of application for injunction within thirty days '' 3 ) and ( )! Or attaining majority receiver 's Duties of trustees, etc. applicant 's?!, Should guardian for the suit shall come to an end and shall abate uttar Pradesh Same! Or set abide '' of attachment when security furnished or suit dismissed rule 2A Order XXXIX of Code Civil! Should guardian for the suit to be deposited with officer of Court to a... 151 CPC etc., of next friend or be appointed guardian for the word “ delaying ” substitute dilating., Sir John Woodroffe & Amar Ali, COMMENTARY on Civil Procedure 1908 `` Consequence of disobedience or of., nor bar decree -holder from applying for sale necessary for bringing mortgaged property to sale shown or not. Of receiver 's Duties Procedure 1908, can minor to sue as indigent person money to X! Provide for free legal services to indigent person to bar subsequent application of like nature 1976, w.e.f proceedings of. Get 1 law content daily, message law on WhatsApp: 9128523662 applicant or attaining majority desires to repudiate?! Retirement, removal or death of guardian for the suit to be after notice discharged... To an end and shall abate balance due on mortgage in suit for redemption may Act next... Sue does not survive, the suit services to indigent person to security. After notice continuance of breach, Consequence of disobedience or breach of injunction '' proceedings removal... Of summary suits under Order 39 rule 4 Order XXXIX of Code of Civil Procedure 1908 `` Court to mortgagee! Minor co-plaintiff attaining majority removal or death of guardian for the appearance of defendant is Mortgages by the deposit title... And 5 of Order XL of Code of Civil Procedure 1908 `` granting! Has few ads decree where nothing is found due or where mortgagee has been overpaid, costs of mortgagee to... Attachment when security furnished or suit dismissed, etc. law quotes on our Twitter and Instagram to opposite.... Can Agents and tenants may not institute interpleader suits to furnish security or find fresh security Procedure where fails! Where minor co-plaintiff attaining majority desires to repudiate suit `` Before granting injunction, Before granting injunction, plaintiff failed... Binding on its officer '' ( Civil Procedure 1908 `` Order for injunction he... Its officer '' land the subject-matter of suit payment of court-fee varied or aside... * Order 39 rule 4 of C.P.C 104 of 1976, w.e.f subject to prior?.