Legal Question in Civil Rights Law in India
injunction order u/s 39 and related
i have advanced certain sum of money to defendants and upon enquiry it has come to my notice as such the defendants are desperately trying to dispose the subject property. I have filed money recovery suit and also obtained orders u/s 39 rule 1 restraining the defendants from alienating the property till the disposal of the suit. The defendant's advocate argued as such the injunction order is not applicable w.r.t. money suits. I have obtained a promissory note along with a cheque supported by covering letter. Please clarify as such the injunction order can be made absolute till the disposal of suit supported with few precedents.
2 Answers from Attorneys
Re: injunction order u/s 39 and related
not only the injunction order is application; you may also obtain an order for "attachment before decree" if you can establish apprehension that the party may alienate the property to defeat your claim.
Re: injunction order u/s 39 and related
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