Legal Question in Civil Rights Law in India

order 39 rule 1 & 2 of CPC

i had advanced certain sum of money to Mr. X and Mrs. Y stood as guarantor. Mr. X is absconding from the society and i had inistituted a suit against X and Y. I even got the orders under XXXIX restraining the respondents from alienation of petition schedule property till the disposal of the suit on 25-6-2008. On 26-6-2008 the respondents had alienated the petition schedule property the notice of such orders were delivered to the repondents on 28-6-2008 and on 6-11-2008 the honourable court had dismissed the orders based on the merits of ''non maintainability of order XXXIX'' in money suits and two of the other grounds. Are the orders binding and valid. If so, Can i go for an appeal ?


Asked on 11/26/08, 12:17 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: order 39 rule 1 & 2 of CPC

Yes, you may challenge the order in appeal. You may have a good case.

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Answered on 11/26/08, 8:54 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: order 39 rule 1 & 2 of CPC

Yes you can go for appeal.

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Answered on 12/23/08, 3:15 am
Nasir Butt Nasir Law Associates

Re: order 39 rule 1 & 2 of CPC

It is appealable order.

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Answered on 11/26/08, 9:57 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: order 39 rule 1 & 2 of CPC

yes, u can go for appeal. in case it is mentioned that in money suits o 39 r 1 and 2 not applicable, this is a law point needs to be decided by appellate courts.

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Answered on 11/26/08, 12:53 am


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