• Order 39 rule 2a

A person filed a declaration, partition and injunction suit in ADJ court on our property in 2007. On first hearing the first party declared that they will not alienate property till next hearing. on subsequent hearings court kept on repeating the same order for few dates. the person filed another temporary injunction suit which he lost in munciff, ADJ and high court in 2009. now in 2018 he has filed an application under order 39 rule 2a praying that we have sold part of the property in 2010 despite of declaration in court.
My questions are:-
1. What is the status of my declaration after other courts have dismissed injunction?
2. What is the limitation period of order 39 rule 2 a if i have already sold property in 2010? will be glad to find one case reference on same topic.
3. Can third parties not included in original suit can be added in this application?
Asked 4 years ago in Civil Law

7 answers received in 1 day.

Lawyers are available now to answer your questions.

16 Answers

1. If the second suit is filed on the same cause of action with the same prayer then you may file an application for res-judicata.

2. If suit property already suit prior to the grant of stay under Order 30 Rule 1 and 2, then the stay has no value. If there is a order passed before selling the property, then the said Order will continue in perpetuity. It has to be permanent injunction Order passed in the Suit. There is no limitation.

3. No they cannot be added in the application if they are not the party in the suit.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

1. If the suit is itself dismissed then no interlocutory application for contempt of court would lies.

2. There is no sch limitation period but the suit wherein such injunction order was passed has to be pending for filing an application under order 39 rule 2 A CPC.

3. Party not added in the suit can be added in such interlocutory application.

So apparently this proceeding seems frivolous and non maintainable and hence liable for dismissal.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If you have given an undertaking that you will not sell the property it is binding upon you

2) it amounts to contempt of court if you have sold property inspite of undertaking

3) suit can be amended and purchaser added as party to the suit

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1. Since the suit was disposed in 2009 interlocutory order does not survive and the application is not maintainable.

your declaration does not bind your after disposal of suit.

2. There is no limitation but since the suit itself is disposed no interlocutory order are binding and the application is barred by the law itself.

3. Third party can be added in such application.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Firstly with same cause of action, how can another suit was allowed, barred by sec 10 of CPC, stay of suit.

1. What is the status of my declaration after other courts have dismissed injunction? -- This what am asking how court entertained different suit for same property, Certainly cause of action were different otherwise such dual suit not maintainable, and so the declaration.

2. What is the limitation period of order 39 rule 2 a if i have already sold property in 2010? will be glad to find one case reference on same topic. --- Such application can be filed any time before judgement pronounced.

3. Can third parties not included in original suit can be added in this application? - Not in application but in suit.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. If there is no order from any court restricting you from selling the property, there is no legal infirmity in it, you can challenge his petition properly as per law.

2. The limitation cannot be strictly enforced especially if he claims that he came to know about this very recently.

3.Yes, if they are necessary parties but they are to be included by filing appropriate petition

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Firslty, when they already have an injunction in their favour then why did they go for the second time.

Secondly, and it is the worst case for them if they would have gone for the second time injunction on the same ground.

Thirdly, and after they have lost it, their prior rights also got over.

Fourthly, so, eventually they have no right to force anyone for the compliance of the previous order as it has gone now by their own mistakes.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If there is no stay then Property can be sold. Third parties need to be added to plaint then in application. However third party can be intervener if it affects their interest.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

1. If you had signed any declaration, you'll be bound by it and hence cannot be allowed to sell the land and of sold amounts to comtempt of court.

2. There is no such fixed limitation period as such.

3 Yes. Parties can be added to a suit by way of appropriate application.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Contempt of court if it is in violation of the court order irrespective of the fact that whether it is the lower court or High zcpurt or Supreme Court.

If there has been mention something in the order, and same has not been complied then it’s a contempt of court.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Breach of undertaking amounts to contempt of court

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Section 2(b) of the Act, defines civil contempt. Civil Contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.

Now you have to ascertain that whether you have breached any judgment of court or any orders passed by court.

You may not be worried about this since you have not breached any order.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Contempt lies under both the provision of law ans the litigant is free to choose either of the two.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The breach of undertaking after suit is dismissed it neither come under contempt of court and act nor under order 39 rule 2a.

Further pending the suit and stay, it is contempt as well as an application can be made under rule 2A for relief under order 39.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Rule 2a

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If it is breach of interim order it comes under order 39 rule 2a

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer