order 39 rule2A,civil procedure code ,india
Rituraj kalita
(Querist) 29 July 2010
This query is : Resolved
In a civil suite was filed in the court of Asst.District judge, under order 39 rule 1&2,sec 151 of c.p.c ,an ad interim temporary injunction was granted to the plaintiff prior to the final disposal of the suite,(the subject matter of the suit was immovable property) but the defendant did not oblige this court order , now again the plaintiff side filed for relief under order39,rule 2A of c.p.c.,and the plaintiff side is desperate to send the defendant to the civil prison and for attachment of the disputed property,how can the defendant be saved from arrest and attachment, i want to help him because i truely believe that he is innocent?
Suryanarayana Tangirala
(Expert) 29 July 2010
Rituraj ji,contempt proceeding run along with the suit there will not be immediate threat of civil arrest as the procedure laid down has to be followed by the Plaintiff u can contest the suit as done in regular course.
Devajyoti Barman
(Expert) 29 July 2010
If he is innocent then why to worry. It is a miscellaneous case and the petitioner who filed the case will have to prove that alleged violation of the order and thereafter the chance of arrest and attachment. Fight the case sincerely.
s.subramanian
(Expert) 29 July 2010
as matter of convention and long standing practice in courts,the petition under order 39 rule 29
a would be taken up for enquiry only along with the trial of the suit. it is not taken up separately. there are rulings of the high court to this effect.you can make a request to the court to try it alng with the suit.
Raj Kumar Makkad
(Expert) 29 July 2010
If no violation of the court order in knowledge has been made by defendant then he has not to worry and should contest the contempt proceeding vigorously and effectively.
