Order 39 MCQ Quiz - Objective Question with Answer for Order 39 - Download Free PDF

The correct answer is 14 days

Key Points

• This question pertains to Order XXXIX Rule 3A of the Code of Civil Procedure, 1908 (CPC), which deals with ex parte injunctions (injunctions granted without notice to the opposite party).
• According to Order 39 Rule 3A CPC:
  • When a court grants an ex parte injunction, it shall make an endeavor to finally dispose of the application for injunction within 14 days from the date on which the injunction was granted.
  • This provision is aimed at ensuring that ex parte injunctions are not misused and are reviewed promptly with both parties being heard.

The correct answer is 'temporary injunction'

Key Points

• The Code of Civil Procedure, 1908:
  • The Code of Civil Procedure, 1908 (CPC) is a comprehensive statute in India that provides for the procedure to be followed in civil courts.
  • It includes provisions for the granting of various types of injunctions, including temporary injunctions.
  • A temporary injunction is granted during the pendency of a suit, to maintain the status quo and prevent any action that might prejudice the rights of the parties involved.

Additional Information

• Perpetual Injunction:
  • A perpetual injunction is granted by the court at the conclusion of a trial, as a final order to prevent the defendant from committing an act that infringes on the plaintiff's rights.
  • This type of injunction is not covered under the CPC but rather under the Specific Relief Act, 1963.
• Mandatory Injunction:
  • A mandatory injunction requires a party to perform a specific act, such as correcting a wrong or fulfilling a duty.
  • Like perpetual injunctions, mandatory injunctions are also governed by the Specific Relief Act, 1963, not the CPC.
• All the above:
  • This option suggests that the CPC provides for all three types of injunctions mentioned, which is incorrect as only temporary injunctions are covered under the CPC.

The correct answer is Order 39, Rule 2-A of the Code of Civil Procedure, 1908

Key Points

• Order 39 of the Code of Civil Procedure, 1908 deals with Temporary Injunctions and Interlocutory Orders.
• Order 39, Rule 2-A of the Code of Civil Procedure, 1908:
  • This provision deals specifically with the consequences of disobedience or breach of an injunction granted by the court.
  • If a party disobeys an injunction, the court may order the property of the disobedient party to be attached and may also detain the person in civil prison.
  • This rule ensures that court orders are respected and followed, maintaining the authority and effectiveness of judicial decisions.

Additional Information

• Order 39, Rule 1:
  • This rule provides for the granting of temporary injunctions and interlocutory orders.
  • It outlines the circumstances under which the court may issue temporary injunctions to prevent the ends of justice from being defeated.
• Order 39, Rule 2:
  • This rule details the procedure for an application for an injunction.
  • It specifies the requirements that must be met for the court to consider granting an injunction.
• Order 39, Rule 3:
  • This rule discusses the notice requirements and the manner of service when applying for an injunction.
  • It mandates that the court must direct notice of the application to be given to the opposite party unless the case is of such urgency that the notice can be dispensed with.

The correct answer is Option 2

Key Points As per Order XXXIX Rule 3A of the Code of Civil Procedure (CPC), 1908), when a Court grants an ex parte injunction (i.e., without notice to the opposite party), it must:

• Try to dispose of the injunction application within 30 days.
• If it fails to do so, the Court must record the reasons for the delay.

The correct answer is Any one of these persons mentioned in options 1 to 3

Key Points

• The relevant provision for signing and verifying pleadings on behalf of a corporation (which includes companies) is Order XXIX, Rule 1 of the Code of Civil Procedure, 1908 (CPC).
• Under Order XXIX, Rule 1 CPC, in suits by or against a corporation, pleadings (such as a plaint or written statement) may be signed and verified by:
  • The secretary,
  • Any director, or
  • Any other principal officer of the corporation who is able to depose to the facts of the case.
• This means that any one of these persons can sign and verify the pleadings, as long as they have sufficient knowledge of the case.

The correct answer is Option 4

Key Points

• injunction refuses in following situation:

1.  If it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.
2.  when the plaintiff has no personal interest in the matter.

•  Order 39 talks about Temporary Injunction And Interlocutory Orders.

In News 

• The Karnataka High Court recently held that relief of temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) is a discretionary remedy which requires a careful balance between the need for interim relief and the ongoing legal proceeding

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). 

The correct answer is Option 4

Key Points

• injunction refuses in following situation:

1.  If it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.
2.  when the plaintiff has no personal interest in the matter.

•  Order 39 talks about Temporary Injunction And Interlocutory Orders.

In News 

• The Karnataka High Court recently held that relief of temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) is a discretionary remedy which requires a careful balance between the need for interim relief and the ongoing legal proceeding

The correct answer is Option 3.

Key Points

• Order XXXIX rule 2A of the 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 theCourt 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.

Additional Information

• In a recent case of Amazon v Future Retail (2021), a Supreme Court bench comprising Justices RF Nariman and BR Gavai made an important observation regarding if “mere” disobedience will suffice or it has to be ‘wilful disobedience’ of injunction to invoke Order 39A Rule 2A.
• This provision was interpreted in the Amazon by a single bench in an application filed by Amazon to enforce the award passed by the Emergency Arbitrator, which had issued a show-cause notice under Order XXXIX, Rule 2-A of the Code of Civil Procedure. 

The correct answer is Option 2.

Key Points

• Order 39 of the Civil Procedure Code deals with temporary injunctions and interlocutory orders. 
• Injunctions are of two kinds, temporary injunction and permanent injunction.
• Temporary Injunction- A temporary injunction restrains a party temporarily from doing the specified act and can be granted until the disposal of the suit or until further order of the court.
• Permanent Injunction- It restrains a party forever from doing the specified act and can be granted only on the merits at the conclusion of the trial after hearing both the parties to the suit. 
• In the case of Vareed Jacob V. Sosamma Geevarghese, AIR 2004 SC 3592, the Supreme Court held that subordinate courts have inherent powers to issue a temporary injunction in the interest of justice even though the circumstances are not covered by order 39 of the code, but such powers are to be exercised in very exceptional circumstances. 
• Rules 1 to 5 of Order 39 deal with temporary injunctions.
• Temporary injunction can be granted if:
  1. 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,
  2. the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
  3. the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit.
• A temporary injunction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until further orders of the court.
• A temporary injunction may be granted at any stage of the suit. 
• Rules 6 to 10 of Order 39 deal with certain interlocutory orders.
• Interlocutory orders are passed by the court during the pendency of the suit.
• Interlocutory orders relate to matters of procedure as they arise during the trial of the suit or in the course of execution proceedings. 

The correct answer is option 1.Key Points

• Order 39 of C.P.C.1908 deals with Temporary Injunctions and Interlocutory orders.
• Rule 1 of Order 39 provides cases in which temporary injunction may be granted.
• It says, Where in any suit it is proved by affidavit or otherwise:
  • 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
  • That the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
  • 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.

The correct answer is option 1.

Key Points

• The Civil Court have power to grant status quo ante under Order 39 Rule 2A r/w Section 151 of CPC, when the defendant has dispossessed the plaintiff from the suit property in violation of the subsisting interim injunction, during the pendency of the suit to prevent the abuse of process of the court and meet the ends of justice. 
• The court can grant a temporary injunction under Rule 1 and 2 of the Order 39 and consequence for the breach of the temporary injunction is given under Rule 2A of the Order 39.
• The temporary injunction can be granted in following cases:
  • Property in dispute is in danger of being wasted, damaged or alienated by any party or wrongfully sold in execution of a decree;
  • Defendant threatens or intend to remove or dispose of his property with a view of defrauding his creditor;
  • Defendant threatens to dispossess the plaintiff;
  • Otherwise cause injury to the petitioner in relation to the property in dispute;
  • To restrain repetition or continuous breach.
• The consequence for the breach of the temporary injunction as given under Rule 2A of the Order 39 are as follows:
  • ​Property of the person causing breach may be attached however, not for more than one year. If the breach continues even after one year the Court may sell the property attached and compensate the other party with the proceeds of the sale; and 
  • The court may also detain the person causing breach in civil prison not exceeding 3 months.

The correct answer is option 1.Key Points

• Injunction is a judicial remedy where the court restrains a party from doing a certain act or compels a party to perform a certain act.
• It is s form of preventive relief.
• Order 39 of C.P.C.1908 deals with temporary Injunctions and interlocutory orders.
• Rule 1 of Order 39 provides cases in which temporary injunction may be granted.
• It says Where in any suit it is proved by affidavit or otherwise:
  • 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
  • That the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
  • 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.

The correct answer is option 1.Key Points

• The provisions related to injunctions are primarily covered under Order 39 of the CPC 1908. 
• Rule 3A deals with court to dispose of application for injunction within thirty days.
• Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted;
• And where it is unable so to do, it shall record its reasons for such inability.

Additional Information

• ​In the context of the Civil Procedure Code (CPC) in India, an injunction is a legal remedy sought by a party to prevent the other party from doing a particular act.
• Injunctions are issued by the court to preserve the status quo, maintain peace, or prevent any wrongful act that may cause irreparable harm.