Legal Question in Civil Rights Law in India

order 39 rule 1 & 2 of CPC

sir,

i have advanced Rs.10 lakhs to the son for which the mother stood as surety. Upon default made by the son and further absconding, i initiated a money recovery suit against son & mother(guarantor). House property stands in the name of the mother. I filed a suit on 25/6/2008 and court ordered (INJUNCTION ORDER) as to not to alienate the property till the disposal of the suit. On next day (26-6-2008) guarantor has transferred her property in gift deed form to her relative. My question to you is whether such injunction order is binding on defendants from the date of order or from the date of communication of such order. If it is not binding, what are the other alternate ways do i have to adopt towards cancellation of gift deed. Is Order 39 application w.r.t. money recovery suits? Please clarify. Thanking you


Asked on 9/20/08, 1:51 am

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

Re: order 39 rule 1 & 2 of CPC

Firstly, you are talking of a pending case. You might have engaged an Advocate to conduct the case. You should go by the advice of your counsel.

However, as per the facts and situation explained by you, the gift deed is void in law and can be challenged in these very proceedings; you can implead he donee also as a defendant;

you may also file an application in the pending case seeking "attchment of the property before judgement".

The transfer/alienation is fraudulant and will not affect your rights.

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Answered on 9/20/08, 7:51 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: order 39 rule 1 & 2 of CPC

its surprising to note that despite the fact that there was an injunction order, the restrained party gifted the property. you have an option to file an application for contempt as well as move the court for cancellation of gift deed. you may implead the sub registrar as party and court would direct him to cancel the gift deed. you may call me at 9811284735 for further clarifications.

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Answered on 9/22/08, 3:20 am


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