Order 39 rule 2A

Guest (Querist) 29 October 2009 This query is : Resolved
Whether for the breach of violation of a interim order passed by a subordinate court under Rule 1 & 2 of CPC. Contempt petition under Section 10 of Contempt of courts act, 1971 maintainable?

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adv. rajeev ( rajoo ) (Expert) 29 October 2009
No need to file seperate contempt petition. JUst file an application in the same suit u/o 39 r 2A for breach of injunction order.

R.R. KRISHNAA (Expert) 29 October 2009
Recently decided cases clearly hold that the remedy for the aggreived petitioner is only under Order 39 Rule 2A.

Kiran Kumar (Expert) 29 October 2009
O.39 R.2A is a specific provision mentioning consequences of disobedience of violation of injunction orders....and O.39 R.1&2 orders in fact provide interim injunction.

the scope of Contempt of Courts Act, 1971 is totally different.

when a specific remedy provided under the main statute itself then u can not look for other enactments.

Anish goyal (Expert) 29 October 2009
Karishna sir can i ask 4 citation of any of such case?

Raj Kumar Makkad (Expert) 29 October 2009
There are various citations on this subject.

PALNITKAR V.V. (Expert) 29 October 2009
Just open commentary on O.39 R.2A and you will get a number of rulings.

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