Legal Question in Telecomm Law in India


I want to know about order 39 rule 1 and 2 . I am working in some telecom company . We acquired land for tower but nearby residents opposing the same and filed application in court for stopping work under order 39 rule 1 and 2.


satnam dhiman

Asked on 3/25/14, 6:39 am

1 Answer from Attorneys

Where in any suit it is proved by affidavit or otherwise-

(a) 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

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to 2[defrauding] his creditors,

3[(c) 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 be 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 3[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.

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Answered on 3/25/14, 8:59 am

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