O.18 R.18 C.P.C.

Report of local inspector on the basis of which judgment and decree was reversed not challenged at any
stage – Leave to appeal refused.

Islam Din v. Sarfraz Hussain

2001 SCMR 1225

O-20 R-14 (i) & O-23 R-3.

Suit for preemption decreed by consent – in application for compromise no time fixed for payment of
preemption money – trial court fixed for payment of preemption money – trial court fixed one month’s
time – Held court while passing preemption decree under O-20, R-14 was required to specify date for
deposit of money. Failure to deposit by preemptor suit was rightly dismissed.

1995 SCMR 1426.

O-21, R-1.

Mode of paying money in satisfaction of decree – decree holder would certify such payment upon legal
notice from executing court.

PLD 1995 Lah. 107.

O-21, R-2(i)

Adjustment/satisfaction of decree in whole or in part outside court – judgment debtor is required to

certify such adjustment to court within 90 days from time of adjustment.

PLD 1995 SC AJ&K 83

O-21, R-11

Defect or non verification of execution petition not fatal, application not void merely irregularity not
affecting merits of case.

PLD 1984 AJ&K 57.

Date of previous execution petition not mentioned- defect not material

AIR 19924 CAI 398

O-21, R-58, 59 & 62

In case of objection petition to attachment, investigation to claims must be conducted by the court, No
separate suit for same.

PLD 1990 LAH 4 (DB)

O-21, R- 94

No stamp duty on sale certificate issued by court under O-21 R- 94 CPC in favour successful auction
purchaser –sale certificate only to be registered with the sub- registrar.

1995 CLC 1922 KAR

O-22, R-3, 4 & 12

Execution petition –failure of decree holder to implead legal heirs of judgment debtor. Rule 12 excludes
application of RR 3 & 4.Execution will not abate.

PLD A.Z.J.&K. 57

O-39, R-1

Plaintiff himself showing monetary compensation adequate relief-not entitled to discretionary relief of
specific performance.

PLD 1977 KAR 191

No attempt made to show balance of convenience on side of the plaintiff- loss found to be assessable in
money-injunction not granted.

PLD 1979 KAR 668

O-39, R-1 & 2, R-2(2)

Court while granting temporary injunction can impose conditions-these conditions are not to be either
similar to security or the conditions may be imposed u/s 151 or sec. 94 CPC and reference of such
provisions should be clearly made.

PLD 1995 LAH 117

O-39 R-1 &2 (3);O-41 R-5; Contempt of Court Act Sec 3

Stay order and injunction –distinction injunction is not effected unless it is communicated –stay is
operative the moment it is issued.

PLD 1949 LAH 100 (F.B)

1974 SCMR 509

PLD 1978 KAR 152

O-39, R-1 & 2

Entitlement to grant interim injunction in the absence of any determination of amount due as
distinguished from amount claimed –petitioner entitled to interim injunction.

1995 CLC 1877

O-39 R-2 (3)

Punishment for disobedience under O-39 R-2(3) can only be determined and awarded by the court
which had ordered the issuance of the injunction and not by a court to which the suit has been
transferred.

AIR 1914 Calcutta 815

O-39 R-2 –SEC.150 OF CPC

Breach of injunction –business of the court granting the injunction transferring to another court –later
court can entertain petition.
Transfer-includes transfer of business under civil courts Act. The word transfer in Sec 150 is not
applicable to a case where the District judge fixed the jurisdiction of court under the civil courts act and
transferred the whole of the business within a certain area of it.

AIR 1923 Madras 92

O-39 R-2 (3)

Civil courts have no jurisdiction to take action against a person not party to suit. However, high court has
such jurisdiction.

1988 CLC 1370 LAH

PLD 1964 Daaca 276

PLD 1975 LAH 126

O-39 R-2(3)

No person is bound to obey a direction which is unlawful nor can he be held liable for refusing to obey it

PLD 1975 LAH 126

O-39, R-2(3) read with

W.P Land Revenue act sec .81&

Constitution Art.204;187, contempt of court act 1976 sec.6.

Contempt against public servants who discharge their official duties and pass order adversely affecting
the right of one party was disapproved and condemned by Supreme Court.

Stay/injunction must be clear leaving no room for ambiguity.

Govt. officials should not be summoned in contempt proceedings when they are not the main party in
the suit.
PLD 1995 SC 572

O-39, R-4-A

No successive stay orders can be issued.

1984 CLC 2048 KAR

Payment of govt. dues - stay orders – stay granted by high court till disposal of petition-order to that
extent would be read as contemplating disposal of the petition with six months.

1989 CLC 1160

O-41, R-27

Addl. Evidence cannot be to fill up lacuna in the case –can be read only when(i) requested by court (ii)
for proper adjudication.

1995 CLC 1889

Order 40

Meaning and Definition of Reciever

The term is not defined in the Civil Procedure Code, 1908. Dictionary meaning of a Reciever is a
person who gets or accepts something that has been sent or given to them. In legal language, "A
receiver is an impartial person who is appointed by the court to collect and receive the rents, profits of
land during the pendency of proceedings when it does not seem reasonable to the court that either
party should hold it."

Appointment of Receiver -

Where it appears to the Court to be just and convenient, the Court may by order -

(a) appoint a receiver of any property, whether before or after, decree;

 (b) remove any person from the possession or custody of the property;

(c) commit the same to the possession, custody or management or the receiver; and

(d) confer upon the receiver all such powers, as to bringing and defending suits and for the
realization, management, protection, preservation and improvement of the property, the collection of
the rents and profits thereof, the application and disposal of such rents and profits, and the execution of
documents as the owner himself has, or such of those powers as the Court thinks fit.

Nothing in this rule shall authorize the Court to remove from the possession or custody of property
any person whom any party to the suit has not a present right so to remove.

Remuneration of Receiver

The Court may by general or special order fix the amount to be paid as remuneration for the
services of the receiver.

Power and duties of Receiver -

Powers and duties of a receiver are as follows -

(a) Duties of Receiver -

Duties Every receiver so appointed shall -

 (a) furnish such security (if any) as the court thinks fit, duly to account for what he shall receive in
respect of the property;

(b) submit his accounts at such periods and in such form as the Court directs;

(c) pay the amount due from him as the Court directs; and

(d) be responsible for any loss occasioned to the property by his wilful default or gross
negligence.

(b) Powers of Receiver -

Order 40 Rule 1(d) of Civil Procedure Code 1908, confer upon the receiver following powers -

(1) to institute and defend suits

(2) to realize, manage, protect, preserve and improve the property,

(3) to collect, apply and dispose of the rents and profits.

(4) to execute documents; and

(5) such other powers as it Court thinks fit.

Enforcement of receiver's duties

Where a receiver-

(a) fails to submit his accounts at such periods and in such form as the Court directs, or

(b) fails to pay the amount due from him as the Court directs, or

(c) occasions loss to the property by his wilful default or gross negligence, the Court may direct his
property to be attached and may sell such property, and may apply the proceeds to make good any
amount found to be due from him or any loss occasioned by him, and shall pay the balance (if any) to
the receiver.

When Collector may be appointed receiver -

Where the property is land paying revenue to the Government, or land of which the revenue has
been assigned or redeemed, and the Court considers that the interests of those concerned will be
promoted by the management of the Collector, the Court may, with the consent of the Collector,
appoint him to be receiver of such property.

Relevant case laws

Balakrishnan Gupta Vs Swadeshi Polytex Limited, AIR 1985 SC 520

In this case, Court held that a receiver is an officer or representative of the court and he functions
under its direction.
Important orders cpc.

ORDER 20 RULE 11(2)

19) Stay of execution ORDER 21 RULE 26

20) Delivery of immovable property ORDER 21 RULE 35

21) To Break open door ORDER 21 RULE 35(3)

22) Attachments of movables of JDRs ORDER 21RULE 43

23) Attachments of Payorders of JDRs

JDRs ORDER 21 RULE 54

26) Sale of attached property ORDER 21 RULE 64

27) Adjournment/stoppage of sale ORDER 21RULE 69

28) Delivery of movable property ORDER 21 RULE 9

) Appointment of receiver ORDER 40RULE 1

43) Regular appeal ORDER 41 RULE 1

44) Stay of execution of decree in appeal ORDER 41 RULE 5(1)

45) Restore of appeal dismissed for default ORDER 41 RULE 19

46) Production of additional evidence

Qstions and ans:

No.82- (Order 18 Rule 17) When court may recall or reexamine the witnesses?

Ans: The court may at any stage recall any witness who has been examined and may (subject to

the Qanoon-e-Shahadat) put such questions to him as the court thinks fit.

Q No.83- (Order 20 Rule 1) When court may pronounce judgment?

Ans: 1. On completion of evidence the court shall fix a date not exceeding 15 days for hearing of
the arguments of the parties. 2. The court after the case has been heard pronounced judgment at

once or some future day not exceeding 30 days, for which notice shall be given to the parties or

their Advocates.

Note:- According with Order 20 Rule 2, a judge may pronounce a judgment written but not

pronounced by his predecessor.

Q No.84- (Order 20 Rule 4) What is a difference between judgment of small causes court or

other courts?

Ans: Judgment of courts of small causes need not content more than the points for determination

and the decision there on. Where as judgment of other court shall contain a concise statement of

the case, the points for determination decision thereon and the reasons for such decision.

Note:- (Order 20 Rule 5) Every judgment must contains the issues.

Q No.85- (Order 20 Rule 6) What are the contents of a decree?

Ans: 1)-The decree shall agree with the judgment, it shall contain, 1. Number of the suit, 2. name

and description of the parties, 3. particulars of the claim, 4. shall specify clearly relief granted or

the determination of suit.

2)-Decree shall also state about the costs incurred in the suit and by whom or out of what
property and what proportions of such costs are to be paid.

3)-The court may direct the costs payable to one party by the other shall be set off.

Q No.86- (Order 20 Rule 9) What are the contents of a Decree for the recovery of

immovable property?

Ans: Decree for the recovery of immovable property shall contain boundaries or by numbers in

record of settlement of survey of the complete identification.

Q No.87- (Order 20 Rule 10) What are the contents of a decree for the recovery of movable

property?

Ans: Decree for the delivery of moveable property shall state amount of money to be paidas an
alternative if the defendant can not be heldNo.88- (Order 20 Rule 11) What are the contents of a
decree for the payment of money,

whether the court may make installment of the payment?

Ans: 1)-Where the decree is for the payment of money, the court may make the installments.

2)-After passing of such decree the court may on the application of Judgment-Debtor or with the

consent of the decree holder order the payment of amount decreed by installment, the court shall

attach the property of Judgment debtor or shall take sufficient security for such reasons.

Appeal:- Dismissal of application U/o 20 Rule 11 is not Appealable, Revision may lie.
Q No. 89- (Order 20 Rule 12) What is Mesne Profit and what are the contents of a decree

for Mesne Profit?

Ans: Term Mesne Profit is explained in Section 2(12), Mesne Profits are those profits which a

person in a wrongful possession of a property actually received.

Four type of decree are passed Under Order 20 Rule 12, 1. A final decree for the possession of

immovable property. 2. A final decree for past Mesne Profit. 3. A preliminary Decree directing

accounts respecting past Mesne Profit. 4. Directing as inquiry as to the amount of future Mesne

Profit upto the period specified which is three years.

Appeal:- Appeal against direction respecting Mesne Profit is a decree therefore, it is Appealable

u/s 96.

Limitation:- 30 days.

Q No.90- (Order 21 Rule 1) What are the different modes of paying money under decree?

Ans:- There are two modes, 1. payment into court, 2. payment out of court.

1. Payment into court:- When the decree is passed against judgment debtor is made to pay the

money in court, the judgment debtor shall be bound to pay in the court.

2. Payment out of court:- It can be made to Decree holder either through Bank or postal money
order or evidenced by writing, signed by the decree holder or authorized agent.

Q No.91- (Order 21 Rule 10) When an application for an execution of decree is made?

Ans: Where the decree holder desires to execute it, he shall apply to court which passed it or an

officer which appointed on this behalf.

Q No.92- (Order 21 Rule 11) Whether an oral application can be made for the execution of

decree?

Ans: Yes, where the decree is for the payment of money, the court may on the oral application of

decree holder at the time of passing decree order immediate execution thereof by arrest of

judgment debtor prior to the preparation of warrant if he is within the precincts of the court.

Written Application:- Every application for the execution of the decree shall be signed and

verified by the applicant.

Q No.93- (Order 21 Rule 18) What do you mean by cross decree?

Ans: Those decrees which are held by two persons against each other in different suits so that the

decree holder in one suit is the judgment debtor in other suit.

Q No.94- (Order 21 Rule 18) How the cross decrees shall be executed?
Ans: 1)-If two sums are equal, satisfaction shall be executed upon both decrees. two sums are unequal
execution may be taken out only by the decree holder for the larger

sum and for so much as only remains after deducting the smaller sum.

Rules applies:-

1. When the cross decrees are for the payment of two sums of money.

2. When decrees have been obtained in separate suits.

3. When both decrees are capable of execution at the same time at the same court.

4. When the decree holder in one suit is judgment debtor in other.

Q No.95- What are the cross objections and cross appeals?

Ans: Where an appeal is preferred from a decree which is partly in favour and partly against the

respondents. The respondents may take such objections to that part which is against him,

although he has not preferred an appeal from such part of decree. Objections filed by the

respondent in the appeal are known as cross objections and appeal is known as cross appeal.

Q No.96- (Order 21 Rule 26) What is meant by stay of execution?

Ans: The court to which the decree has been sent for execution shall upon sufficient cause being

shown stay the execution of such decree for reasonable time to enable the judgment debtor to
apply to the court by which the decree have passed or to any court having appellate jurisdiction

in respect of the decree or the execution thereof for an order to stay an execution or for any other

order relating to the decree. Where the property of any person or of the judgment debtor has been

ceased under the execution the court which issued the execution may issue the order for

restitution of the property or discharge of such person pending the result of the application.

Grounds For The Stay In Execution:-

1. that substantial loss may result.

2. application made in due time.

3. furnished security to the judgment debtor for the satisfaction of the decree.

Appeal:- Appealable

Q No.98- (Order 21 Rule 29) When court may stay execution in pending suits?

Ans: Where a suit is pending in any suit against a decree holder of such court on the part of

person against whom the decree was passed, the court on such terms as to security or otherwise

as it thinks fit stay the execution of decree until the decision of the pending suit.

Appeal:- Not Appealable

Q No.99 (Order 21 Rule 30) How the decree for the payment of money is to be executed?
Ans: Every decree for the payment of money as the alternative to some other relief may be

executed by the detention in prison of the judgment debtor or by attachment and sale of the

property or with both.

Q No.100 (Order 21 Rule 31) How the decree for the specific moveable property is to be

executed?

Ans: Where a decree is for the specific moveable or for share of specific moveable property it

may be executed by the seizure of profitable of the moveable or the share, and by the delivery to

the party to whom it has been adjudged or such person as he appoints to receive delivery on his

behalf or by detention in prison of judgment debtor or by attachment of property or botWhere

attachment of property remains in force for the period of six months, if the judgment

debtor has not obeyed the decree and decree holder applies for the sale of such property, the

property shall be sold and out of the proceeds the court may award to decree holder in cases

where any amount has been fixed by the decree to be paid as an alternative to delivery of

moveable property.

Q No.101 (Order 21 Rule 33) How a decree for the restitution of conjugal rights be

executed?
Ans: 1)-Decree for the restitution of conjugal rights or for an injunction, where the parties

against whom the decree for the performance of contract or for restitution of conjugal rights or

for an injunction has been passed, has had an opportunity of obeying the decree and has willfully

failed to obey it a decree may be enforced (in case of decree for the restitution of conjugal rights

by the attachment of property of in case of specific performance of a contract or for an injunction

by his detention in prison or by the attachment of his property or by both).

2)-In case of corporation:- If the judgment debtor is a corporation the decree may be enforced

by the attachment of the property of the corporation or with the leave of the court by the

detention in prison of two its directors or other principle officer or by both attachment and

detention.

Where attachment remained in force for the period of one year the property may be sold.

Q No.102- (Order 21 Rule 34) What is Order 21 Rule 34?

Ans: Where a decree is for the execution of document or for endorsement of negotiable of

instruments and judgment debtor neglects or refuses to pay the decree holder may prepare a draft

of the documents or endorsement according with the terms of the decree, deliver the same to the

court.
The decree holder or such officer as it may appoint in this behalf shall cause the documents to be

registered if its registration is requires by the law for the time being in force or decree holder

desires to have it registered and may make such order as it thinks fit as to the payment of the

expenses of registration.

Appeal:- Appealable U/o 43 Rule 1

Q No. 103- (Order 21 Rule 35) How a decree for immovable property may be executed?

Ans: Where a decree is for the delivery of an immoveable property, possession thereof shall be

delivered to the party to whom it has been adjudged, and, or to such person as he may appoint to

receive delivery on his behalf, and, if necessary, by removing any person bound by the decree

who refuses to vacate the property.

➢ Where a decree for the join possession of immoveable property, such possession shall be

delivered by affixing a copy of the warrant in some conspicuous place on the property

and proclaiming by beat of drum or other customary mode, at some convenient place, the

substance of decree.

➢ If the possession was delivered to a person but he has no free excess, the court through its

officer issue warning to person if the creator of hindrance is a woman and according to
the customary not appear in public be warned to withdraw, remove or open any lock or

any other act necessary for putting the decree holder in possession.

Q No.104- (Order 21 Rule 46) What is Garnishee Order?

Ans: Garnishee means a judgment debtor’s debtor. He is a person who is liable either to pay debt

to a judgment debtor or to deliver or account of any moveable property not in possession of

Judgment debtor.

A Garnishee order is an order which a court is authorized to make against garnishee requiring

him to pay or deliver in court the amount due from or the property.

Note:- A garnishee order is a prohibitory order in nature, the court can not compel garnishee to

deliver the amount into the court.

Q No.105- (Order 21 Rule 49) Can the property of partners/partnership be attached in

execution of decree?

Ans: Property belong to partnership shall not be attached or sold in execution of decree other

than a decree passed against a firm or against the partners in the firm, except the interest of such

partners personal property in the partnersAns: Garnishee means a judgment debtor’s debtor. He is a
person who is liable either to pay debt

to a judgment debtor or to deliver or account of any moveable property not in possession of

Judgment debtor.

A Garnishee order is an order which a court is authorized to make against garnishee requiring

him to pay or deliver in court the amount due from or the property.

Note:- A garnishee order is a prohibitory order in nature, the court can not compel garnishee to

deliver the amount into the court.

Q No.105- (Order 21 Rule 49) Can the property of partners/partnership be attached in

execution of decree?

Ans: Property belong to partnership shall not be attached or sold in execution of decree other

than a decree passed against a firm or against the partners in the firm, except the interest of such

partners personal property in the partnership.

Note: Object of this rule is to protect commerce and to save the property of partnership from

attachment under a judgment against a single partner in his individual capacity so the running

business is not to be broken up.

Q No.106 (Order 21 Rule 50) How execution of decree against negotiable instruments be

made not in custody of public Officer? (Execution of decree against firm)

Ans: Where the property is a negotiable instrument neither deposited in court nor in the custody
of public officer, the attachment shall be made by actual seizer, and instrument shall be brought

into court held subject to further orders of the court.

If it is in custody of public officer:- The attachment shall be made by the notice from court or

officer such property and any interest of divind becoming payable thereon, may be held subject

to further orders of the court from which the notices issued.

Appeal: Not Appealable, Revision may lie.

Q No.107 (Order 21 Rule 54) How immovable property may be attached?

Ans: Where property is immovable will be attached, attachment shall be made by an order

prohibiting the judgment debtor from transferring or charging the property any way and all

persons taking benefit from such transfer of charge and order shall be proclaimed at some place

adjacent to property or by beat of drum or other executory mode and a copy of order shall be

affixed on conspicuous part of the property.

Q No.108- (Order 21 Rule 55) Consequences when the decree is satisfied?

Ans: Where the decree is satisfied, or reversed/set aside, attachment shall be withdrawn and shall

be proclaimed at judgment debtor’s expenses and copy of proclamation is to be affixed at

conspicuous place.
Q No.109- (Order 21 Rule 89) How a sale be set aside? What are the grounds for setting

aside the sale?

Ans: Sale be set aside on the ground of deposit: Order 21 rule 90 provides how the sale be set

aside on the ground of irregularity and fraud, where an immovable property has been sold an

execution of a decree, any person by virtue of title before such a sale, may apply to have sale set

aside on his depositing in the court: 1. for payment to the purchase a sum equal to 5% of the

purchase money, 2. for payment to decree holder amount specified in the proclamation of saleNote:
Object of this rule is to protect commerce and to save the property of partnership from

attachment under a judgment against a single partner in his individual capacity so the running

business is not to be broken up.

Q No.106 (Order 21 Rule 50) How execution of decree against negotiable instruments be

made not in custody of public Officer? (Execution of decree against firm)

Ans: Where the property is a negotiable instrument neither deposited in court nor in the custody

of public officer, the attachment shall be made by actual seizer, and instrument shall be brought

into court held subject to further orders of the court.

If it is in custody of public officer:- The attachment shall be made by the notice from court or
officer such property and any interest of divind becoming payable thereon, may be held subject

to further orders of the court from which the notices issued.

Appeal: Not Appealable, Revision may lie.

Q No.107 (Order 21 Rule 54) How immovable property may be attached?

Ans: Where property is immovable will be attached, attachment shall be made by an order

prohibiting the judgment debtor from transferring or charging the property any way and all

persons taking benefit from such transfer of charge and order shall be proclaimed at some place

adjacent to property or by beat of drum or other executory mode and a copy of order shall be

affixed on conspicuous part of the property.

Q No.108- (Order 21 Rule 55) Consequences when the decree is satisfied?

Ans: Where the decree is satisfied, or reversed/set aside, attachment shall be withdrawn and shall

be proclaimed at judgment debtor’s expenses and copy of proclamation is to be affixed at

conspicuous place.

Q No.109- (Order 21 Rule 89) How a sale be set aside? What are the grounds for setting

aside the sale?

Ans: Sale be set aside on the ground of deposit: Order 21 rule 90 provides how the sale be set
aside on the ground of irregularity and fraud, where an immovable property has been sold an

execution of a decree, any person by virtue of title before such a sale, may apply to have sale set

aside on his depositing in the court: 1. for payment to the purchase a sum equal to 5% of the

purchase money, 2. for payment to decree holder amount specified in the proclamation of sale.

that for the recovery of which the sale was ordered, less any amount which may since the date of

such proclamation of sale have been received by decree holder.

Q No.110 (Order 21 Rule 90) How a sale can be set aside on the ground of irregularity and

fraud?

Ans: Sale can be set aside on account of material irregularity or fraud in publishing and

conducting the sale.

>Where the sale is set aside under this rule, the parties are restored to the previous position

obtaining immediately before such sale and debt is received.

Following conditions must be fulfilled under order 21 rule 90:- 1. Application U/r 90 must be

made, 2. Application should be made in the court executing the decree, 3. Applicant should have

suffered some substentional injury, 4. Purchaser have deposited an amount not exceeding 20% of

the auction price or furnished security as directed by the court, 5. Under Section 18(6) Banking
Companies Ordinance Act 15 of 1997 a prior deposit of 20% of the sale price is not to be made.

>This Rule applies to sale in execution of mortgage decree and to sale by receivers.

Limitation:- Application U/r 90 has to be made within 30 days, Article 166 of Limitation Act

applies.

>Where the fraud or irregularities is concealed the time will run from the date of knowledge

(1998 MLD 812)

>Where an application to set aside a sale made Under section 47 a period of three years is

available.

Appeal:- Under Order 43 Rule 1 an appeal lies against an order made against rule 90that for the
recovery of which the sale was ordered, less any amount which may since the date of

such proclamation of sale have been received by decree holder.

Q No.110 (Order 21 Rule 90) How a sale can be set aside on the ground of irregularity and

fraud?

Ans: Sale can be set aside on account of material irregularity or fraud in publishing and

conducting the sale.

>Where the sale is set aside under this rule, the parties are restored to the previous position
obtaining immediately before such sale and debt is received.

Following conditions must be fulfilled under order 21 rule 90:- 1. Application U/r 90 must be

made, 2. Application should be made in the court executing the decree, 3. Applicant should have

suffered some substentional injury, 4. Purchaser have deposited an amount not exceeding 20% of

the auction price or furnished security as directed by the court, 5. Under Section 18(6) Banking

Companies Ordinance Act 15 of 1997 a prior deposit of 20% of the sale price is not to be made.

>This Rule applies to sale in execution of mortgage decree and to sale by receivers.

Limitation:- Application U/r 90 has to be made within 30 days, Article 166 of Limitation Act

applies.

>Where the fraud or irregularities is concealed the time will run from the date of knowledge

(1998 MLD 812)

>Where an application to set aside a sale made Under section 47 a period of three years is

available.

Appeal:- Under Order 43 Rule 1 an appeal lies against an order made against rule 90.

Q No.136- (Order 39 Rule 1) When temporary injunctions may be granted?

Ans: Where in any suit it is proved by the affidavit or otherwise: a. any property in dispute in a
suit is in danger of being vested, damaged or alienated by any party to the suit or wrongfully sold

in execution of decree, b. that the defendant threatens or intents to remove or dispose of his

property with the view to defraud his creditors.

The Court may by grant a temporary injunction restrain such act.

Ingredients for grant of temporary injunction:-

1. Pending suit, 2. Prima facie case, 3. Irreparable damage or injury, 4. Balance of convenience.

Appeal: (for plaintiff) Appeal lies against refusal of injunction under order 43 rule 1.

(for defendant) Appeal lies under section 96, a defendant may also apply against the injunction

under order 39 rule 4.

1. Ad interim ex-parte injunction, 2. Against awarding punishment under order 39 rule 2.

Q No.137- (Order Q No.136- (Order 39 Rule 1) When temporary injunctions may be granted?

Ans: Where in any suit it is proved by the affidavit or otherwise: a. any property in dispute in a

suit is in danger of being vested, damaged or alienated by any party to the suit or wrongfully sold

in execution of decree, b. that the defendant threatens or intents to remove or dispose of his

property with the view to defraud his creditors.

The Court may by grant a temporary injunction restrain such act.

Ingredients for grant of temporary injunction:-

1. Pending suit, 2. Prima facie case, 3. Irreparable damage or injury, 4. Balance of convenience.

Appeal: (for plaintiff) Appeal lies against refusal of injunction under order 43 rule 1.

(for defendant) Appeal lies under section 96, a defendant may also apply against the injunction

under order 39 rule 4.

1. Ad interim ex-parte injunction, 2. Against awarding punishment under order 39 rule 2.

Q No.137- (Order .

Ans: Following are the remedies:

1. Contempt of Court, 2. Attachment of property for period not more than one year as a whole,

3. If disobedience or breach continued, the property attached may be sold,

4. Imprisonment for term not exceeding six months, unless in the mean time the court directs his

release.

Appeal: If any of above conditions or any one happens/order, appeal under section 96 shall lie.

Order of injunction made under order 39 rule 1 & 2:- After hearing the parties or after notices to

the defendant shall cease to have effect on the expiration of six months unless extended by the

court after rehearing the parties.

Q No.138- (Order 39 Rule 3) General rule is that before granting an injunction notices

must be make to other /opposite side, what are the exceptions to this rule?

Ans: Before granting an injunction notices may be issued to the opposite party but exception to

this is that: a. sales of Goods for default in payment at the stipulated time, b. where an injunction

is to be granted against Government or Government Servant as such or any statutory authority

board of corporation established by Government in any case not involving the ejectment of any

person from, or the demolition of any premises, the court may where it appears that the object of

granting injunction would be defeated by delay dispose with such notices.

Provided that period of notice in case of defendant as Government or Government Servant or any

statutory body would not be less than two days or more than seven days.

Q No.139- (Order 39 Rule 4) What is the remedy against granting and refusal of an

injunction other than appeal?

Ans: Ordinarily, once a court has pass an order granting or refusing to grant an injunction after

hearing both the parties, it will not subsequently interfere to such order but Order 39 Rule 4

provide exceptions to this by providing alternative to the filing of an appeal by approaching the

same court.
An application under this rule can only be made by an aggrieved party.

This rule can not be used to permit a party to obtain rehearing of the case or to reopen the matter

after a rejection of his appeal.

The fact that appeal has not been filed or has become time barred, will not prevent a court from

exercising powers under this rule.

Note:- Order 39 Rule 5 an injunction against corporation is not only on the corporation itself but

also on all members and officers of the corporation whose personal action it seeks to restrain.

Q No.140- (Order 39 Rule 6) What are interlocutory orders?

Ans: Interlocutory orders are those orders which are passed by the court during the pendency of

the suit and not to terminate the suit. Such orders generally relates to the protection of the subject

matters.

Appeal:- All the interlocutory orders are not Appealable.

Q No.141- (Order 40 Rule 1Ans: Following are the remedies:

1. Contempt of Court, 2. Attachment of property for period not more than one year as a whole,

3. If disobedience or breach continued, the property attached may be sold,

4. Imprisonment for term not exceeding six months, unless in the mean time the court directs his
release.

Appeal: If any of above conditions or any one happens/order, appeal under section 96 shall lie.

Order of injunction made under order 39 rule 1 & 2:- After hearing the parties or after notices to

the defendant shall cease to have effect on the expiration of six months unless extended by the

court after rehearing the parties.

Q No.138- (Order 39 Rule 3) General rule is that before granting an injunction notices

must be make to other /opposite side, what are the exceptions to this rule?

Ans: Before granting an injunction notices may be issued to the opposite party but exception to

this is that: a. sales of Goods for default in payment at the stipulated time, b. where an injunction

is to be granted against Government or Government Servant as such or any statutory authority

board of corporation established by Government in any case not involving the ejectment of any

person from, or the demolition of any premises, the court may where it appears that the object of

granting injunction would be defeated by delay dispose with such notices.

Provided that period of notice in case of defendant as Government or Government Servant or any

statutory body would not be less than two days or more than seven days.

Q No.139- (Order 39 Rule 4) What is the remedy against granting and refusal of an
injunction other than appeal?

Ans: Ordinarily, once a court has pass an order granting or refusing to grant an injunction after

hearing both the parties, it will not subsequently interfere to such order but Order 39 Rule 4

provide exceptions to this by providing alternative to the filing of an appeal by approaching the

same court.

An application under this rule can only be made by an aggrieved party.

This rule can not be used to permit a party to obtain rehearing of the case or to reopen the matter

after a rejection of his appeal.

The fact that appeal has not been filed or has become time barred, will not prevent a court from

exercising powers under this rule.

Note:- Order 39 Rule 5 an injunction against corporation is not only on the corporation itself but

also on all members and officers of the corporation whose personal action it seeks to restrain.

Q No.140- (Order 39 Rule 6) What are interlocutory orders?

Ans: Interlocutory orders are those orders which are passed by the court during the pendency of

the suit and not to terminate the suit. Such orders generally relates to the protection of the subject

matters.
Appeal:- All the interlocutory orders are not Appealable.

Q No.141- (Order 40 Rule 1) How a receiver is appointed and what are the powers and duties of
receiver .

Ans: Appointment of receivers (Order 40 Rule 1):- Where it appears to the court to be just and

convenient the court may by order: a. appoint a receiver of any property whether before or after

decree, b. remove any person from custody of any property and commit the same into the

possession and custody of the receiver.

Appeal:- Appointment or refusal to appointment may be appealed under order 43 rule 1.

Powers of the receivers (Order 40 Rule 2):- Confer upon such receiver all powers as to

bringing and defending the suit, management, protection, preservation and improvement of the

property. The collection of rent and profits, the application and disposal of such rents and profits

and the execution of documents and those powers as the court thinks fit.

Duties of the receivers (Order 40 Rule 3):- 1. Submit his accounts as such period in such form

as the court directs, 2. Pay the amount due from him as the court directs, 3. Be responsible any

loss occurred to the property by his negligent or willful default.

Duration of Office:- Receivers may be appointed either before the judgment or after decree but

not after the satisfaction of the decree.

Object of appointing receiver:- The object behind the appointment of a receiver is to preserve

the status quo during the pendency of the litigation and terms of the section 94 to prevent the

ends of justice being defeated (2004 MLD 1624).

Enforcement of receivers duties:- Duties of receivers shall be enforced by the court, if he is

found guilty of any gross negligence or willful default his property shall be attached and sold.Ans:
Appointment of receivers (Order 40 Rule 1):- Where it appears to the court to be just and

convenient the court may by order: a. appoint a receiver of any property whether before or after

decree, b. remove any person from custody of any property and commit the same into the

possession and custody of the receiver.

Appeal:- Appointment or refusal to appointment may be appealed under order 43 rule 1.

Powers of the receivers (Order 40 Rule 2):- Confer upon such receiver all powers as to

bringing and defending the suit, management, protection, preservation and improvement of the

property. The collection of rent and profits, the application and disposal of such rents and profits

and the execution of documents and those powers as the court thinks fit.

Duties of the receivers (Order 40 Rule 3):- 1. Submit his accounts as such period in such form

as the court directs, 2. Pay the amount due from him as the court directs, 3. Be responsible any
loss occurred to the property by his negligent or willful default.

Duration of Office:- Receivers may be appointed either before the judgment or after decree but

not after the satisfaction of the decree.

Object of appointing receiver:- The object behind the appointment of a receiver is to preserve

the status quo during the pendency of the litigation and terms of the section 94 to prevent the

ends of justice being defeated (2004 MLD 1624).

Enforcement of receivers duties:- Duties of receivers shall be enforced by the court, if he is

found guilty of any gross negligence or willful default his property shall be attached and sold.