Interim injuction

Querist : Anonymous (Querist) 29 November 2010 This query is : Resolved
The plaintiff obtained ex party injunction orders against defendants in property case.The defendants made their appearance through Advocate.During the pendency of petition the defendants violated the orders.The injunction was not made absolute.Whether the plaintiff can file petition under order 39 rule 3a of cpc for violation.

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Devajyoti Barman (Expert) 29 November 2010
Yes

Devajyoti Barman (Expert) 29 November 2010
Alternatively the plaintiff can also file petitionn u/s 151 Cpc for implementation of the order through Police help.

Praveen Kumar Tewari (Expert) 29 November 2010
I agreed.

s.subramanian (Expert) 29 November 2010
I disagree.You cannot resort to Order 39 Rule 2A since injunction has been vacated.

G. ARAVINTHAN (Expert) 29 November 2010
even the interim orders need not be violated. Action can be taken against the defendant under Order XXXIX Rule 3

Kirti Kar Tripathi (Expert) 30 November 2010
Yes, the plaintiff has a right to move application under order XXXIX Rule 3 even if injunction is not made absolute.

Advocate Bhartesh goyal (Expert) 30 November 2010
Even if defendant violates interim order of injunction,he is laible for action under O 39 OF R 2A of C.PC.