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 4. Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. It is pertinent to observe that order 39 rule 2A CPC M.No. ... Order 39 Rule 6 to 10. 4. The language mentioned in Order 39 rule 1 â Where in any Suit it is proved by affidavit or otherwiseââ has some meaning. 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. appealable. 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. No appeal lies against decisions refusing application of Rule 39. 1. 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. Discharge etc. Application for order under rule 2. Rule 4(d)(5) applies the principles of Rule 4(d) to service of public entities subject to suit under a common name. 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. 4âContents of judgment. 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. Chander Kanta Bansalv. 3âJudgment to be signed. Registrar etc. 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. 3. Enforcement of charging order by sale. Service of notice of order to show cause. An order under Rule 39 may be lifted at any time by a decision of the Court. That the applicant/plaintiff has filed a case before this honorable court hearing where of will take some time. the suit filed by the plaintiff to cancel the registered gift deedâ¦in the suit, the court fees paid only rs.100/- as the registered gift deed is without considerationâ¦bt in the said gift deed, the property value has been mentioned as rs.16,18,000/-â¦..can i give application under order 7 rule 11â¦..if yes.then any one provide me the rulling regarding this.. 4. 5. Effect of order to show cause. Money in Court: Charging Order. 1-2-1977. ORDER 21 JUDGMENT AND DECREE Rule 1âJudgment when pronounced. 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 âLandscapeâ for printing of bilingual texts on a single page. 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 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 . (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. 3âProcedure. 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 injunctionâ. 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. Order 21 Rule 24 to 25. Rajinder Singh Anand, (2008) 5 SCC 117. Respectfully Sheweth: 1. 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. 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. 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. Respectfully Sheweth: 1. 4âOrders by court. Order 21 Rule 10 to 23. Order 40 Rule 1 to 5. That, the application filed by the plaintiff under Order 39 Rule 1 and 2 of C.P.C. 7. The respondent-defendants filed their reply to the application and contested the same. 9. Order 21 - Stay of execution . (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. Order 21 - Application for execution . Form Bank 6: Give notice of opposition to a bankruptcy order. 6. of charging order. 1 October 2017 Form Form Bank 7: Notice of persons intending to appear ... Form Comp 8: Rule 3.3 - Administration application⦠4 Application by interested person to revoke or vary warrant for search and seizure or restraint order or for examination of property (O. 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-XXXIX, Rule-2A.Consequence of ⦠A second application can also be entertained in proceedings of a suit in changed circumstances. In such case Court could have dismissed interim application filed by X and further could have allowed interim application ⦠4. 10. The decree-holder thereafter filed application for execution of final decree on 27-9-1965. 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