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Civil Procedure Code Relief


Relief under the civil procedure code

The Civil Court is empowered to give various types of relief and orders. All such relief and order can be clubbed into two categories, viz,

A.     Initial / Temporary orders, and

B.     Final Orders

 

Initial / temporary order

There are also various types of temporary or initial orders, each of a different kind, and having a different implication altogether. They are:

Temporary Injunction (Order 39)

Generally civil suits takes a long time to decide. In such cases, if the court feels that, till the final order, the subject matter of suit is likely to be destroyed, it may grant "Temporary in junction", to protect the subject matter. These injunctions are as follows:

  • Restrain the defendant from damaging or disposing his property.

  • Restrain the defendant from dispossessing the plaintiff from disputed property.

  • Restraining the defendant from doing any other act which may make the whole suit infructous.

  • Restraining the defendant from committing any breach of contract.

  • Restraining the defendant from committing injury of any kind.

However later on during the pending of suit or at the time of final hearing the court may revoke or modify the injunction granted.



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