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Report No. 144

9.4.12. Recommendation.-

The matter seems to need clarification. The object of Order 34 appears to be to regulate only suits concerning mortgages of immovable property-see the heading of the Order. This is borne out by the history of the provisions. It will be convenient to add, below Order 34, rule 1, the following Explanation as Explanation 2 (after renumbering the present Explanation as Explanation 1):-

"Explanation 2.-Nothing in this Order applies to a mortgage, charge, hypothecation, pledge or other security created in respect of movable property."

9.5. Order 39, rule 2 A and breach of injunction

9.5.1. Order 39, rule 2A, punishes disobedience to an injunction issued by the court.

Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back

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