Citations -order 39 rule 2a
dr vamshi
(Querist) 16 September 2012
This query is : Resolved
In a bare injunction suit related to ancestral family properties,there is violation of status- quo by defendants.the def 1 has purchased a property which was standing in the name of def 2,3,4 in revenue records, in the name of his wife and then sold it to third party on the same day.
iam from karnataka, my lawyer says, to include wife of defendant and third party, who are presently not parties to the suit, we would need citations relevant from karnataka high court or supreme court.,can you pls suggest any citations from kar high court or supreme court or if it is not the case, any relevant citations from other high courts.
(B), can i also send a notice to the purchaser of the alienated suit property
Jeevesh
(Expert) 16 September 2012
Mr. Vamshi
Proceedings under order 39 rule 2a cpc are quasi criminal in nature meaning thereby that you have to prove beyond reasonable doubt that the defendants and other person violated the interim injunction order. It is difficult to prove the culpability of the third parties those who were not before the court as these people can always plead no notice of injunction. But it is difficult matter if you had given a public notice in newspaper.
It is pertinent to mention that the injunction order is qua particular parties & in not on particular property.
You can implead the subsequent purchasers in contempt application but without any proof of the fact that they were aware of the injunction order and still purchased it they will most probably be acquitted.
You can implead the subsequent purchasers in the main injunction suit by way of amendment.
Adv.R.P.Chugh
(Expert) 16 September 2012
I concur with Ld.Deveesh, you need not implead them in the main suit but O.39 R2A contempt application is maintainable against anybody who violates the court's order.
