Monday, November 28, 2011

Civil Procedure Code, 1908, Order 39 Rule 2A r/w Order 21 Rule 32

Civil Procedure Code, 1908—Order 39 Rule 2A r/w Order 21 Rule 32—Disobedience of the judgment and decree—In a case where there is any disobedience of the judgment and decree, the application under Order XXXIX Rule 2A CPC should not be entertained—Such an application is maintainable in a case where there is violation of interim injunction passed during the pendency of the suit—Appropriate remedy available to the decree holder in such a case is to file an application for execution under Order XXI Rule 32 CPC .

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