Section 86   [ View Judgements ]

Amendment of Order XXXIX

In the First Schedule, in Order XXXIX,-

(i)in rule 1,-

(a)in clause (b), for the word "defraud", the word "defrauding" shall be substituted;

(b)after clause (b), the following clause shall be inserted, namely:-

"(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.";

(c)after the words "sale, removal or disposition of the property", the words "or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit" shall be inserted;

(ii)in rule 2, sub-rules (3) and (4) shall be omitted;

(iii)after rule 2, the following rule shall be inserted, namely:-

"2A.Consequence of disobedience or breach of injunction.- (1) In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.

(2)No attachment made under this rule shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.";

(iv)to rule 3, the following proviso shall be added, namely:-

"Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant-

(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with-

(i) a copy of the affidavit filed in support of the application;

(ii) a copy of the plaint; and

(iii) copies of documents on which the applicant relies, and

(b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent.";

(v)after rule 3, the following rule shall be inserted, namely:-

"3A.Court to dispose of application for injunction within thirty days.- Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.";

(vi)to rule 4, the following provisos shall be added, namely:-

"Provided that if in an application for temporary injunction or in any affidavit supporting such application, a party has knowingly made a false or misleading statement in relation to a material particular and the injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice:

Provided further that where an order for injunction has been passed after giving to a party an opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that party except where such discharge, variation or setting aside has been necessitated by a change in the circumstances, or unless the Court is satisfied that the order has caused undue hardship to that party.";

(vii)in rule 8,-

(a)in sub-rule (1), the words "after notice to the defendant" shall be omitted;

(b)in sub-rule (2), the words "after notice to the plaintiff" shall be omitted;

(c)after sub-rule (2), the following sub-rule shall be inserted, namely:-

"(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall, except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.".

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