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ravisharma   11 July 2018

Order 39 rule 2a

My father is contesting a partition suit alongwith temporary injunction suit. On first hearing an undertaking was given by him which was subsequently retracted. after several years the petitioner filed application nder order 39 rule 2a on my father and several other family members who are not party to injunction/main suit. Can an application under 39 2a lie on parties which are not included in the injunction suit? the temporary injunction is still pending so can such application can be filed if alternate remedy of TI is available with the plaintiff?

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