Order 39 Rule 1, 2 CPC

Anupam (Querist) 07 August 2016 This query is : Resolved
I have filled an CMPMO in High Court and challenged the order of trial court in which trial court rejected my application under Order 39 Rule 1 & 2 for interim injunction. But High court is saying that its not maintainable, and given me time to prove the maintainability on next day. could anyone tell me that CMPMO against the Order in which lower court rejected the application under order 39 Rule 1& 2.

Follow Query

Report Abuse

adv.bharat @ PUNE (Expert) 07 August 2016
Show full case file to local lawyer and discuss in detail.

Kappil Cchandna (Expert) 08 August 2016
Sir,

Call to discuss the same.

Warm Regards
Kapil Chandna Advocate
9899011450

R.K Nanda (Expert) 08 August 2016
Argue on next date and get it admitted in high Court.

Rajendra K Goyal (Expert) 08 August 2016
Admissibility has to be proved before court on next date on the merits of the case.

Citation not provided in this section.

Advocate Bhartesh goyal (Expert) 08 August 2016
Appeals against order of ad interim injuction or interim injuction are very well maintainable.There are so many judgments of S.C. and HC.search.

P. Venu (Expert) 08 August 2016
What is the opinion of your advocate?

cherukuri prasad (Expert) 08 August 2016
I think you should go to District court because order passed under O39 R 1 & 2 are appealable orders under s 104 read with O43. May be that is why it is not maintainable at High Court. This answer is applicable if your trial court is not a district court.

Dr J C Vashista (Expert) 09 August 2016
Order in an application u/o XXXIX Rule 1 & 2 CPC is appealable u/s 104 r/w Or. XL CPC in District Courts, if not passed by District Judge/Addl. DJ.

Discuss your query with some senior local lawyer proper appreciation of facts and guidance.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now