about under order 39 rule 2 A C.P.C
Neeraj Kaushal
(Querist) 30 March 2010
This query is : Resolved
Sir,
i have filed a civil suit for permanent injunction against the defendant , court granted ex-parte stay order to me and restrained the respondent from raising any sort of construction on joint land till next date of hearing , but wife and son of respondent is doing the construction work , main respondent is out of station , i have filed application under order 39 rule 2 A of C.P.C in civil court and i have made party in application only son and wife of respondent,not main respondent , my problem is that my application under order 39 rule 2 A of CPC is maintainable if maintainable, is there any law of supreme court or High court of India regarding this matter. I need a citation about my application , and also in application U/S 151 of CPC that ex-parte injunction can be implement with the help of police,
Raj Kumar Makkad
(Expert) 30 March 2010
Arjun Singh versus Punit Ahluwalia 2008 (3) RCR (Civil) 295 (SC) 2008 AIR (SC) 2718.
Deekshitulu.V.S.R
(Expert) 31 March 2010
Mr. Neeraj
Even third parties who violate injunction can be booked for conte3mpt ofcourt orders. In this case the contemnors are no other than the the wife and son of the defendant against whom there are orders. Defineely you can add themin the petition. See the folowing decision.
ORDER 39 RULE 2(2):- Granting police aid against 3rd party cannot be made unless he is claiming property through the defendant or has violated the orders while aiding the defendant 2007(2)A.L.T.P.199
(Andhra Law times)
