Order 39 MCQ Quiz in मल्याळम - Objective Question with Answer for Order 39 - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is option 2.Key Points

• Order 39 Rule 2A deals with consequence of disobedience or breach of injunction.
• It states 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.
• Sub-rule 2 of Rule 2A says 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.

The Correct answer is Temporary Injunction

Key Points Section 37 of The Specific Relief Act, 1963, addresses the concepts of temporary and perpetual injunctions in legal proceedings. The key points are:

• Temporary Injunctions: These are injunctions designed to last until a specified time or until the court issues further orders. They can be granted at any stage of a lawsuit and are governed by the Code of Civil Procedure, 1908 (5 of 1908).
• Perpetual Injunctions: Such injunctions can only be granted through a decree made during the hearing and based on the merits of the case. A perpetual injunction permanently restrains the defendant from asserting a particular right or from committing an act that would infringe upon the plaintiff's rights.

The correct answer is Option 3.

Key Points Order 39, Rule 2A CPC:

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.

Thus, the consequences of the breach of injunction are:

• the ordering of attachment of the property in question, 
• detention of the person in civil prison. 
• in the case where the breach continues for more than a year, the property in question can be sold out.

The effect of a temporary injunction is not to make a subsequent alienation of the property void. Any mortgage or sale of property by a party in contravention of an injunction is not illegal and void. The only penalty that the person disobeying the order of injunction incurs is that prescribed by rule 2-A. 

Rule 2A was inserted in the Code by 1976 Amendment to the Code; before that, the law of contempt of court was applied for the purpose. It is well settled principle of law that where there is a special law and general law, the provisions of special law prevail over general law; thus, provisions contained in rule 2A will prevail over the general law of contempt of court (Samir Sarkar v. Maharaj Singh, 1983). The disobedience of injunction is a civil contempt, not a criminal contempt (Dr. Bimal Chandra v. Kamal Mathur, 1983). 

Order XXXIX CPC - In all the cases Injunction can be refused. Order-XXXIX, Rule-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 staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property 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. 

Order 39 Rule 2A CPC clearly provides that in such situation detention in civil prison cannot exceed three months and so cannot be for 'indefinite period’ and further that the amount payable compensation has to be determined and balance paid back to the party in default. Hence, it is not rule that entire sale proceeds must necessarily be paid as compensation.

ORDER XXXIX – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS 2A. Consequence of disobedience or breach of injunction.

A temporary injunction in CPC serves as a vital tool to maintain order and protect the interests of parties involved in a dispute. This court-issued order, with a limited duration, is designed to either prevent someone from taking specific actions or compel them to do certain things until a final verdict is reached

Refer Order 39 Rule 2 of CPC. Temporary Injunction may be granted at any stage of a suit.

The correct answer is Ex parte.

Key Points

• In some cases, a temporary injunction may be granted ex parte, meaning without notice to the opposing party. This type of injunction is typically only granted in exceptional circumstances where irreparable harm would be caused to the plaintiff if the injunction were not granted immediately.
• Order 39 of the CPC deal with injunction.

Factors for Granting an Ex Parte Temporary Injunction:

• Strength of the plaintiff's case: The plaintiff must demonstrate a strong likelihood of success in the main action. This means they must present compelling evidence to support their claims and demonstrate that the law is likely to favor their position.

• Irreparable harm to the plaintiff: The harm that would result from not granting the injunction must be irreparable, meaning it cannot be adequately compensated by monetary damages.

• Balance of convenience: The court weighs the potential harm to the plaintiff if the injunction is not granted against the potential harm to the defendant if the injunction is granted. The injunction is typically granted only if the harm to the plaintiff significantly outweighs the harm to the defendant.

The correct answer is Option 2.

Key Points

• A temporary or interim injunction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further order of the court. It is regulated under the provisions of Order -XXXIX of CPC and may be granted at any stage of the suit.
• The Specific Relief Act, provides for law relating temporary, perpetual and mandatory injunctions.
• Therefore, principles in relation to injunctions are derived from the provisions of Specific Relief Act, 1963. [Sections 37, 38 & 39 SRA, 1963].