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TANMOY (director)     22 December 2009

ORDER 39 Rule-2A and Police protection under 151 CPC


Please give me citations. whether order 39 rule 2a can run simultaneously with another petition for police protection under 151 CPC


 3 Replies

saquib (Advocate)     22 December 2009

there is no necessiti to file another petition u/s. 151 if reamedy is available under Order XXXIX R. 2a.

Kindly described your query briefly.

Raghav Sood (Lawyer)     22 December 2009

both the provisions are distinct from each other in 39 rule 2A it lies when person has intentionally willfully disobeyd the order of the court passed in temporary injunction aplication or else (act order is disobeyed/done by the party) for punishing the the wrong doer

and 151 Police protection lies when  there is accute apprehension of violation of order passed or When in the event of utter violation of the injunction order, the party forcibly dispossesses the other, the Court can order restoration of possession to the party wronged and also order Police protection for implementation of such order i.e. to undo the wrong done by wrong doer

kranthi kiran (Works In Judicial Department)     08 January 2010

as explained above, as the relief sought in both petitions  is distinct, both can run simultaneously, there is no bar

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