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TANMOY (director)     31 December 2009

WRIT BY Foreigner

hi, can anybody tell me whether a foreigner ( resident outside india of non-indian origin ) can get injunction against forceful eviction by landlord under order 39, rule-1 & 2?

Citation please, if possible



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 4 Replies

Parveen Kr. Aggarwal (Advocate)     31 December 2009

You may find your reply in provision contained in section 83 of the Code of Civil Procedure, 1908

N.K.Assumi (Advocate)     01 January 2010

Yes, under Order 38 Rule 5 of the CPC based on the principles of Mareva Injunction ( now known as freezing Injunction) and Anton Piller Injunction ( now known as search Injunctions), which is not unknown in India. See Sundaram Finance Ltd vs NEPC India Ltd (1992) 2 SCC 479: the case relates to Arbitration and Conciliation Act 1996. Mahadeo Savlaram Shelke Vs Pune Municipal Corporation (1995) 3 SCC 33.

TANMOY (director)     01 January 2010

 83 cpc is different from order 38 rule 5. and mareva injunction is not applicable in injunction against eviction case

Parveen Kr. Aggarwal (Advocate)     01 January 2010

As far as I could understand, the query was about locus of a foreigner to obtain injunction. The Mareva injunction or a freezing order is an order passed by a court ordering for freezing of assets to prevent a defendant from dissipating  the assets beyond the jursidiction of court so that he may not frustrate the judgment to be passed. So, I think there is no applicability of Mareva Injunction to the instant case.


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