Hence, the present appeal was held to be not maintainable. Transfer of decree. ), India – Application to Orders, Essay on Leadership: Introduction, Functions, Types, Features and Importance. Order 14 rule 2 of Cpc; order 14 rule 2 of cpc. Developed by, Challenge to Foreign Award u/s 34 is not maintainable. Before publishing your Essay on this site, please read the following pages: 1. Short title, commencement and extent (1) This Act may be cited as the Code of Civil Procedure, 1908. Under the provisions of section 39(2) it is permissible for the Court which passed a decree to send it for execution of its own motion to any subordinate Court of competent jurisdiction. … An application for interim injunction was preferred pending Appeal. World’s Largest Collection of Essays! ... No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected. sets out the conditions in which a decree may be transferred. The court shall in all cases before … The Respondent contended that the interim order in appeal is not incorporated in the list of Rule 1 of the Order 43 of the CPC, hence, an Appeal was not maintainable under the said Order. On the other hand, the Appellants, relying on sub-rule (r) Rule 1 Order 43 of the CPC submitted that the sub-rule (r) is to be read by giving inclusive interpretation, so long as there is no specific exclusion that no order of refusal or grant of interim injunction is appealable, the provision of Order 43 of the CPC is always available. 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 41 Rule 5 to 8. It is a remedy in the form of an order of the court addressed to a particular person that either prohibits him from doing or continuing to do a particular act (prohibitory injunction); or orders him to carry out a certain act (mandatory injunction). ORDER XXXV INTERPLEADER - RULE 1, 2, 3, 4, 5, 6 OF CODE OF CIVIL PROCEDURE 1908 1. Rajasthan High Court: Sabina, J. dismissed the appeal on the ground that party will suffer an irreparable loss if the application was allowed. are executed through the Administrative Civil Judge. It may be examined however briefly here. could be exercised independently of the powers under sub-section (1) of Section 39, C.P.C. Follow me on Instagram: najeebkhan11 https://www.instagram.com/najeebkhan11/ CALLME4 id: Najeebkhan@CM4 An application for transfer is not required to be in any particular form. This video elaborate about the Interlocutory order under Civil Procedure Code, order 39 , Rule 5-10. (2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction. Section 9 petitions cannot be disposed of ex-parte, without giving notice to the respondent therein, especially when coercive orders are being passed. Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. In such circumstances, if the Court may find that the decree can be conveniently and expeditiously executed by the District Court, it may in the exercise of powers under sub-section (2) of Section 39, C.P.C. (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. 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. 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