Purpose of Argument 33 Rule 39.3. An appeal under Order XLIII, Rule 1 shall lie against the first order because the rule says that such an appeal shall be permissible. Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. TENTH CIRCUIT RULES . (2005) 1 SCC 436 Explanation to Order IX Rule 13 of CPC “Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside the ex parte decree." Order 39 - Interlocutory orders . Order 39 Rule 6 to 10. Where a Government servant is placed under suspension, he has a right of appeal against the order of suspension vide Rule 23 (i) of the CCS (CCA) Rules, 1965. Order 3 Rule 1 to 6. [13] Rule 50(1) of the Uniform Rules of Court stipulates that an appeal to the court against the decision of a Magistrate in a civil matter shall be prosecuted within 60 (sixty) days after the noting of such appeal, and unless so prosecuted, it shall be deemed to have lapsed. (3) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court. Application under order 39 Rule 1 and 2 read with section 151 of the Civil Procedure Code, 1908 amendment till date on behalf of the Plaintiff/appellant . (b) an order of the Appeal Tribunal under rule 30A(2)(a) read with rule 30A(1)(b) or (c); “judge” means a judge of the Appeal Tribunal nominated under section 22(1)(a) or (b) of the 1996 Act and includes a judge nominated under section 23(2) of, or a judge appointed under section 24(1) of, the 1996 Order 2 Rule 1 to 7. He cannot approach the appellate or revisional court during the pendency of the application for grant or vacation of temporary injunction. Rule 2.1.01(3) sets out the procedure by which the court may make a determination under Rule 2.1.01(1). Cases in which temporary injunction may be granted.- Where in any Suit it is proved by affidavit or otherwise— v. Naba Kumar Das & Ors., Civil Appeal No. And . (3) Every appeal shall he submitted through the Head of the Office to which the appellant belongs or belonged, and through the authority from whose order the appeal is preferred. The appeal in collateral proceedings such as under Order 9, Rule 13, Civil Procedure Code for setting aside ex parte decree, in our opinion, are not covered within the word "appeal" in Clause (2) of Article 182 because the word "appeal" therein, in the context, refers only to appeal against a decree or executable order mentioned in Clause (1). (9.6) Raising Fresh Pleas Parties are bound by case, which arises on their pleadings which have been inquired into by trial court. The Supreme Court in its latest judicial pronouncement of Kanaklata Das & Ors. 2. Right to Oral Argument 33 Rule 39.2. Rules of Court set out the procedures to be followed when bringing proceedings before the courts. Order 3 - Recognized Agents and Pleaders . (e) power to record payment or adjustment under Rule 2 of order XXI. This would imply that a Government servant who is placed under suspension should generally know the reasons leading to his suspension so that he may be able to make an appeal against it. injunction suit in letter of credit; Interim Injunction Order under order 39 rule 1 and 2 … Time Allowed 33 Rule 39.4. There are separate rules for the District Court, the Circuit Court and the Superior Courts (that is the High Court and Supreme Court) 3018 of 2008, has laid down the principles to be followed while deciding an Application under Order I Rule 10 (2) of CPC. Respectfully Sheweth: 1. Rule 2.1.01(3) requires that, unless the court orders otherwise, the court shall direct the registrar to give notice that the court is considering making the order under Rule 2.1.01(1). 6. b. (2) The court may by Order grant such injunction, on such terms, as to the duration of the injunction, keeping an account, giving security, or otherwise, as the court thinks fit. Order 39 Rule 1, Code of Civil Procedure, 1908. 2. Effective January 1, 2020 That Learned Trial Court decided the application under Order 39(1)(2) CPC and passed the impugned order in complete disregard of the pleadings of the parties. Order 39 Rule 1, Code of Civil Procedure, 1908 of court out... 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