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sunil (prop)     08 May 2019

Under which order / rule contempt of court?

Learned Panelists,

Please suggest - what is the proper way to file application of Contempt of Court:

In a pending Title Suit, ad-interim injunction order has been made Permanent by an order of Ld. Court disposing the application filed under Order 39 Rule 1 & 2 read with section 151 of CPC.

After passing of permanent injunction order, defendants have violated the terms of said permanent injunction order and the said violation is still continuing.

Is permanent Injunction order is a decree to a

My Question is:

(1) Under which Order / Rule Contempt of Court proceedings should be initiated against the defendants?

Order 39 Rule 2A of CPC or Order 21 Rule 32 of CPC  or any other section of CPC?

(2) Should permanent injunction order be treated as a decree?

Looking forward for your valuable advice.



 4 Replies

kailash chandra   08 May 2019

Order 39 Rule 2A ke antargat

sunil (prop)     08 May 2019

Dear Kailash Ji,

Parmanent Injunction is treated as decree or simply an order?

Please clarify.



Shashi Dhara   10 May 2019

Injuntion granted will be temporary and it will be extended by filing application until suit is decided.if u prove Ur case then the court will pass orders or judgement ,decree on merits.

sunil (prop)     10 May 2019

Dear Sri Shashi Dhara,

Application moved under Order 39 Rule 1 & 2 has been disposed of and ad-interim injunction order has been converted to permanent Ijunction order.

My Question:

1) Permanent Injunction is a decree or order only?

2) Under which section Contempt of Court application should be filed? 

Order 39 Rule 2A or Order 21 Rule 32 of CPC?

Please advice.



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