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Report No. 163

Order XXXIX

Temporary Injunctions and Interlocutory Orders

1. Cases in which temporary injunction may be granted.- Where 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 defrauding his creditors,

(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 by order grant a temporary injunction to restrain such act, or make such other order for the purpose of slaying and preventing the wasting, damaging, alienation, sale, removal or disposition of the properly 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.

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The Code of Civil Procedure (Amendment) Bill, 1997 Back




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