S.36 of Civil Procedure code states that, "provisions of Code relating to execution of decree shall, "as far as they are applicable" be deemd to apply to the execution of the Orders.
Orders referred to in S.36 are temporary injunctions and interlocutary orders passed under O. XXXIX of CPC.
In a particular case an execution appliation was filed for executing an order passed under O.XXXIX. In the said case the Court is refusing to admit Execution application despite complying with the requirements of Rule 11 to 14 of Order XXI of CPC on the ground that execution of the interlocutary order by attachment under Order XXXI Rule 11(2)(j)(ii) would amount to granting relief to the Plaintiff under Order XXXVIII Rule 5. How far the Court is right in refusing to admit Execution application?
It is my contention that the Court is wrong especially in view of Order XXXIX Rule 2A of CPC which states that, "In case of disobedience of an order the Court making the order, may order the property of guilty person to be attached.
Can any of the learned friend enlighten me on the issue.
