diciembre 26, 2020

Rajinder Singh Anand, (2008) 5 SCC 117. The rule is quoted below:- 0.21, R. 103 “Where any application has been adjudicated upon under Rule 98 or Rule 100, the order made thereon shall have the same force and be subject to the same condition as to an appeal or otherwise as if it were a … Rule 4(d)(5) applies the principles of Rule 4(d) to service of public entities subject to suit under a common name. 4. 8. 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 … Order 41 Rule 1 to 4. 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. 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 Application for order under rule 2. Money in Court: Charging Order. 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. appealable. 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. 3—Judgment to be signed. 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. may grant injunction ancillary to chargingorder. An order under Rule 39 may be lifted at any time by a decision of the Court. 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. 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. The decree-holder thereafter filed application for execution of final decree on 27-9-1965. (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 … 6. 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. 1 October 2017 Form Form Bank 7: Notice of persons intending to appear ... Form Comp 8: Rule 3.3 - Administration application… 3. of charging order. The respondent-defendants filed their reply to the application and contested the same. 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. 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 . 2—Power to pronounce judgment written by another judge. The present application has been filed under Order 39 rule 2A CPC. 4. Respectfully Sheweth: 1. 6. Discharge etc. ORDER 20 APPLICATION FOR AN ACCOUNT Rule 1—Order for accounts. 1-2-1977. Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. Registrar etc. Respectfully Sheweth: 1. Chander Kanta Bansalv. 19 17. Form Bank 6: Give notice of opposition to a bankruptcy order. ORDER 21 JUDGMENT AND DECREE Rule 1—Judgment when pronounced. 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. Order 41 - Appeals from original decrees . 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. 1. The Hon,ble court issued the notices to defendants. Order 21 - Stay of execution . The language mentioned in Order 39 rule 1 ‘ Where in any Suit it is proved by affidavit or otherwise—‘ has some meaning. (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. 4—Contents of judgment. 9. However, by order dated 23.1.2014 the learned That the applicant/plaintiff has filed a case before this honorable court hearing where of will take some time. Order-XXXIX, Rule-2A.Consequence of … 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 . Rule 12 Bill of Particulars Rule 13 Filing and Service of Pleadings, Judgments and Other Papers Rule 14 Summons Rule 15 Motions Rule 16 Motion to Dismiss Rule 17 Dismissal of Actions Rule 18 Pre-Trial Rule 19 Intervention Rule 20 Calendar of Cases Rule 21 Subpoena Rule 22 Computation of Time Rule 23 2—Order for accounts on counterclaim. Order 21 Rule 10 to 23. 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. Order 40 - Appointment of receivers . 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”. Order 21 Rule 24 to 25. Service of notice of order to show cause. 3—Procedure. 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. (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. 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 No appeal lies against decisions refusing application of Rule 39. Effect of order to show cause. 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. That, the application filed by the plaintiff under Order 39 Rule 1 and 2 of C.P.C. 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. Order 21 - Application for execution . 5. Enforcement of charging order by sale. Making and effect of charging order absolute. 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. Order 21 - Process for execution . 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. In such case Court could have dismissed interim application filed by X and further could have allowed interim application … 2. Here, it is most relevant to consider Order 19, Rule 1 of CPC. 4 Application by interested person to revoke or vary warrant for search and seizure or restraint order or for examination of property (O. 4—Orders by court. 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. A second application can also be entertained in proceedings of a suit in changed circumstances. 10. 9A. 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. It is pertinent to observe that order 39 rule 2A CPC M.No. ... 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