Violation of Howrah district Court Injunction order and non observance of status quo order by plaintiff who has taken an experte injunctionat the time of filing a title suit
9 months ago
What are the requisites for filing a petition under order 39 rule 2a? . in this particular case, plaintiff has violated the injunction & status quo order during the pendency of injunction order. The plaintiff has broken the lock & latch of defendant’s bedroom and has forcibly taken possession of the same during the absence of defendant
Is human witness essential during final hearing ? Is CCTV camera footage not sufficient to prove the case. Pl send your legal advice at the earliest.
A.Dear client,
O. XXXIX R. 2A provides for two contingencies – when an order is not complied with by a party and the ensuing recourse in case of such non-compliance; and when an order is not complied by a party and the non-compliance has not ceased. In the case of non-compliance of an order, a court is empowered to attach the property of the non-compliant party and sentence him up to three months in civil prison. However, the order of attachment shall not remain in force for more than one year, and if the non-compliant party does not comply with the order within that period, then the property attached may be sold and the injured party may be compensated from the proceeds of such property. Thus, the Order provides for a mechanism to ensure compliance with orders of a court since the property is provisionally attached and the sentence imposed can be discharged by the direction of the court.
Thus, intrinsically, the Order is not a punitive measure, but a measure for ensuring compliance of orders of a civil court with some trappings of punitive measures.
O. XXXIX R. 2A provides for two contingencies – when an order is not complied with by a party and the ensuing recourse in case of such non-compliance; and when an order is not complied by a party and the non-compliance has not ceased. In the case of non-compliance of an order, a court is empowered to attach the property of the non-compliant party and sentence him up to three months in civil prison. However, the order of attachment shall not remain in force for more than one year, and if the non-compliant party does not comply with the order within that period, then the property attached may be sold and the injured party may be compensated from the proceeds of such property. Thus, the Order provides for a mechanism to ensure compliance with orders of a court since the property is provisionally attached and the sentence imposed can be discharged by the direction of the court.
Thus, intrinsically, the Order is not a punitive measure, but a measure for ensuring compliance of orders of a civil court with some trappings of punitive measures.
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