Vide this order, I shall decide the application under Order 37 Rule 4 CPC r/w Section 151 CPC moved by the respondent in eviction petition no. ... either file an application under Order 39 Rule 4 or go in appeal against the grant of injunction in Order 43 Rule 1(r). 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 XXXLX, Rule 4]. Rule 1, 2, 2A, 3, 3A 4, 5. Order 14 rule 2 of Cpc; order 14 rule 2 of cpc. A decree passed under Rule 10 of Order VIII for the defendant’s default in filing a written statement is nevertheless an ex parte decree, which is subject to Rule 13 of Order IX. … Sub-title of Order 26 of CPC makes a reference to “Commissions to examine the witnesses”. However, the funds were contributed by the defendant no. Here, it is most relevant to consider Order 19, Rule 1 of CPC. Respectfully Sheweth: 1. SUMMONS The defendant … 4) Signature and Seal of the Court. Learned Distt. A private telecommunication company has sued the Pakistan Telecommunication Authority for charging an exuberant amount of fee under the license agreement signed by them. 4. Order 1 Rule 10 of CPC covers two types of cases (a) of a party who ought to have been joined but not joined and is a necessary party, and (b) of a party without whose presence the question involved in the case cannot be completely decided. Order 38 Rule 5 read with Section 151 CPC for attachment, before the judgment, of the land of the defendants, was dismissed.2. Relevant facts of the case that pres...petitioner (plaintiff) had filed civil suit for recovery of Rs. Order for temporary injunction—when can be interfered in revision: If the trial Court or the lower appellate Court is found to have passed an order of temporary injunction in exercise of its power either under Order XXXIX, Rule 1, C.P.C. 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.. It may be examined however briefly here. … 1 of 10 Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Two sets of restraint orders simultaneously i.e. Order-XXXIX, Rule-2A.Consequence of disobedience or … [ 4 ] If as a result ex parte decree is passed by the competent Court despite due notice to the party, there no failure of natural justice. On 29-7-1998, respondent filed an application under Order 39, Rule 2(3), C.P.C., stating that on 27-7-1998 at 10-30 p.m. the respondent alongwith armed persons raised the suit property and forcibly took over the possession in violation of the status quo order. 5.1. 6. Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. Order 39 Rule1and 2 of CPC; order 8 rule 1 of CPC. 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. 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. Application for re-hearing: Principles of natural justice are applicable. R. 39: For sub-rule (4) of rule 39 substitute that following: All payments shall be made to the officer-in-charge of the civil prison. Though the joinder of parties rests upon the discretion of court, Order 1 Rule 1 or Order 1 Rule 3, as the case may be, of Code of Civil Procedure, 1908 is to be read together with Order 2 Rule 3 and Order 2 Rule 6. With this, section 75 it would be appropriate now to refer Order XXVI Rule 9 of CPC. Rajasthan High Court: Sabina, J. dismissed the appeal on the ground that party will suffer an irreparable loss if the application was allowed. Arguments heard. 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 37, CPC (Summary Suits): A neutral analysis. (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. 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. 5) A copy of the Plaint shall be obtained from the plaintiff and placed on record. or under Order XXXIX, Rule 2, C.P.C. 1 as well. It is submitted on behalf of the defendants/applicants that the suit property was purchased in the name of the plaintiff. 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. Respectfully Sheweth: 1. Rules 9 and 10 CPC, and under Order 39, Rule 7 CPC. 5. Set aside u/s 12(2) – on fraud: 5. 1. M­07/2011 Page no. 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. Remedies against ex-parte Order 9, Rule 13: 1. Procedure at First Hearing: Order XXXV, Rule 4 of the Code of Civil Procedure, 1908 empowers the court to declare at the first hearing itself, that the plaintiff is discharged from all liabilities and as a necessary corollary the court can award the plaintiff his costs and dismiss him from the suit. Download This Application in MS Word Format IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE In Re: Muhammad Naveed Vs. Malik Ramzan ( Suit for Permanent Injunction ) APPLICAION under order 39 rule 1 & 2 read with section 151 CPC. Reply to the application under Order 39 rule 1 and 2 r/w Section 151 CPC filed. The plaintiff needs to attach a list of documents, … Order I Rule 1 of Code of Civil Procedure, 1908 states that: “1. Civil litigation, especially recovery suits generally termed to be a long drawn battle and regarded as something best avoided, is not so. Appeal u/s 96 – first appeal: 4. The language mentioned in Order 39 rule 1 ‘ Where in any Suit it is proved by affidavit or otherwise—‘ has some meaning. 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 . Revision shall lie u/s 115: 7. ... let’s try to cull it out from Order 14 of the CPC. Posted on June 30, 2020 June 30, 2020 by sarvepallilegal. Order 39 of Code of Civil Produre 1908. 3) Short grounds. 5. Home Income Tax GST FIR Online Online Filing Bare Acts Companies Act CPC CRPC IPC Legal Formats. 2. Payment of interest. That, the application filed by the plaintiff under Order 39 Rule 1 and 2 of C.P.C. 4. 1. Volumes are written on temporary injunction. 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