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Nanya (NA)     17 February 2011

Civil Suit Order 39

This is great and informative website. Because of all you expertsm, common man like me get some info about the law and direction to follow.

Just want the information for Order 39 what is the procedure to get the temporary / permanant injection?

How long generaly judge takes to approve the injuction? What happens if we requested for order 39 and then defendent come to know by notice, then he sold / transfer the property before the temporary injuction get approved.

If the injection is temporary then how long its valid?

I registered a civil suit for money recovery. The defendants had 2 properties. Upon the suit progress (in favour of me) he sold one of the property. Now the suit is about deliver the judgement in 2 months time. So will it be good move to request order 39 now or once we receive the Decree?

My lawyer said, it wil lbe risky if we request now order 39..and if judge did not approve it then defendent will get alert and may sold this property too. So better we wait for decree.

If we prove in fornt of the judge that defendent sold one of the propery already and other property is necessary for me to recover the money (i mean it may be get sold if injuction is not granted) then will he approve in short period? Can judge approve immidiately if we created good case like above.

My anxiety is not to loose key security to loose my money.

Thank you all !

Nanay



 1 Replies


(Guest)

Ask you lawyer to file a petition for attachment before judgement under order 38 of CPC,  So that the defendantwill furnish security otherwise the property will be attached and encumbrance will be entried in registrar office.  regarding the question of order 39 it applies to the temporary injunction  that too till the disposal of the suit.  The injunction will not help your case.  You must state the reasons and get proof of the sale of another property by the defendant will secure your claim and the judge will order conditional order of attchement in lieu of  security furnishing.


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