regarding civil procedure act 1908 section 26 regarding civil procedure act 1908 section 26

can you provide me the details to vacate a temporary civil stay in a district court under civil procedure act 1908 section 26

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello,
Temporary injunction is described under Order-39 of CPC, 1908, Section 26 mentions the manner of institution of suits, if you have not satisfied the grounds of the grant of temporary injunction, an application could be filed. However if the decision of the district court is not in your favour you may file an application in the High Court
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
Section 26 only states the manner of institution of suits, however temporary injunction is mentioned in Order 39 of CPC, 1908. If you think that you do not fulfill the essentials or grounds of grant of temporary injunction, you may file an application for the same, also, if the decision of district court is not in your favour, you may further approach the High Court
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar Retired Judge

Responded 2 years ago

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A.Dear Sir,
You have to file objections to interim application filed by other side and got temporary injunction. Section 26 is only a provision under which all civil suits will be filed read with Order 7 Rule 1 of CPC.

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