Question

60x64
wajid
Question

maintainability of ORDER 39 in money recovery suit respected sir, i had lent certain sum of money based on promissory note and upon failure in repayment by defendants i had filed a suit along with I.A. Court had passed the order under 39 Rule 1&2 restraining them from alienating the petition schedule property. The counsel of defendant objected to the order passed and argues ORDER 39 is not maintainable in money suits. My question to you is WHETHER INJUNCTION ORDERS under RULE 39 maintainable in money suits? Please support your advice with relevant CASE LAW. Thank you

Answer by Lawyer

Answer

Injunction under Order 39, Rule 1(a) is quite maintable even in money suits restraining defendant to alienate the property of party in suit. Law is reproduced here:--- ORDER XXXIX. ORDER XXXIX - TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS (THE FIRST SCHEDULE) ORDER XXXIX TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS Temporary injunctions 1. Cases in which temporary injunction may be granted 1Where in any suit it is proved by affidavit or otherwise- (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to 2[defrauding] his creditors, 3[(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,] the Court may be order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property 3[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders. Your status is quite clear crystal.

Answer

O 39 of CPC is applicable to all the suits and an injunction can be granted by the court in a money suit. You may consult the latest AIR Manual or any good commentary on CPC under this head for a list of case law on the subject.