about under order 39 rule 2 A C.P.C
Neeraj Kaushal
(Querist) 29 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.
Devajyoti Barman
(Expert) 29 March 2010
In the event of not adding the actual respondent your application does not seem to be maintainable.
Raj Kumar Makkad
(Expert) 29 March 2010
You should amend your application under order 39 Rule 2A of CPC and should also insert the name of actual respondent. Moreover, you should also file an application seeking execution of ad-interim injunction. Local commission also can be got appointed.
If land is joint between you both then partition petition can be got lodged at any time and you are no going to suffer anything for ever even if some construction is raised by defendant/respondent over the suit land which is joint property of him and you both.
Raj Kumar Makkad
(Expert) 29 March 2010
You should amend your application under order 39 Rule 2A of CPC and should also insert the name of actual respondent. Moreover, you should also file an application seeking execution of ad-interim injunction. Local commission also can be got appointed.
If land is joint between you both then partition petition can be got lodged at any time and you are no going to suffer anything for ever even if some construction is raised by defendant/respondent over the suit land which is joint property of him and you both.
Parveen Kr. Aggarwal
(Expert) 30 March 2010
You must have filed application under Order 39, Rule 2-A, CPC against the defendant originally impleaded in the suit because injunction was granted only against him. You could have pleaded in the application that the defendant acting through his wife and son was raising construction and as such, liable for breach of the order. Without impleading the defendant, your application is not maintainable.
You may file another application against the defendant.
adv. rajeev ( rajoo )
(Expert) 30 March 2010
Whether is injunction order is against the defendants and their hencemen. If it is like that then your application is maintainable.
Raj Kumar Makkad
(Expert) 30 March 2010
application is not against defendant ji so not maintainable at all.
Deekshitulu.V.S.R
(Expert) 30 March 2010
Mr Neeraj
See this decision rendered by A.P.High court. this is of help to you.
SECTION 94(e), 151 ORDER 21 RULE 32 AND ORDER 39 RULE 2A:- Police Protection- to plaintiff/defendants to
Safeguard subject property in suit pending adjudication, direction for, to police, power of civil court, exercise of necessary caution to be taken in, to prevent introduction of police intervention in civil adjudication in indirect manner at instance of ca clever and resourceful plaintiff-guidelines issued for
2010(2)ALD.P.41(DB)
(Andhra Legal Deisions)
Neeraj Kaushal
(Querist) 30 March 2010
sir , today on the strength of citation AIR 1992 Allahabad 326 (B) , my application against was allowed and wife and son of original respondent were summoned , as per this law , person not in party in application can i also be proceeded under order 39 rule 2 A of CPC . thanks for your cooperation and valuable suggestions,
bhagwat patil
(Expert) 05 April 2010
if it is joint property not separerated every sq. feet is owened jontly.
