Order 39 r 1 & 2 and section 94 c of cpc
Mr. V ohra
(Querist) 03 November 2015
This query is : Resolved
Sir,
my sister has filled a suit against her owners and obtained status quo order at the time of filling the suit, and also register notice of lis pendice. the Exh. 5 is not heard it now, in mean time the owner has sold the property to third person. our lawyer is suggesting us to file application under section 94 c of cpc so that we can obtain stay order against new purchase also. is it proper in law or once again we should file application under o 39 r 1 & 2.
please do guide me
Devajyoti Barman
(Expert) 03 November 2015
If there is violation of any injunction order then either contempt application can be filed in high court or in the same court application under order 39 rule 2A of CPC can be filed for violation of the said order.
Rajendra K Goyal
(Expert) 03 November 2015
File contempt case if any violation of stay orders.
alexander
(Expert) 04 November 2015
Ask for reversion/ cancellation of the illegal sale and to establish the status quo ante and for damages and and adequate punishment for the blatatnt contempt of the Court.
Mr. V ohra
(Querist) 05 November 2015
Sir
one year has passed off from the sale date my adv. told i cnt file contempt due to limitation so he is suggesting us to file application under section 94 c of cpc so that we can obtain stay order against new purchase also.
please do suggest me
Mr. V ohra
(Querist) 06 November 2015
Sir
one year has passed off from the sale date my adv. told i cnt file contempt due to limitation so he is suggesting us to file application under section 94 c of cpc so that we can obtain stay order against new purchase also.
please do suggest me
K.S.Srinivas
(Expert) 11 November 2015
Agreed with Sri Devajyoti Barman.
Mr. V ohra
(Querist) 12 November 2015
but will i be barred by limitation of delay for one year
Mr. V ohra
(Querist) 27 November 2015
Sir
one year has passed off from the sale date my adv. told i cnt file contempt due to limitation so he is suggesting us to file application under section 94 c of cpc so that we can obtain stay order against new purchase also.
please do suggest me