Model draft of an “Application under Order 39 Rule 2A of CPC, 1908”

Model draft of an “Application under Order 39 Rule 2A of CPC, 1908”

* Please note that this model draft may be used mutatis mutandis *



Note: An affidavit in support is to be attached.

-Adv. Tushar Kaushik

2 thoughts on “Model draft of an “Application under Order 39 Rule 2A of CPC, 1908””

  1. Whether a separate Misc. Case / I. A. is required to file for an application U/0. 39, Rule 2A C.P.C ? Is it mandatory to file such an application in the original court granting status quo, when the appeal (FAO) is pending before the appellate court ?

    1. Firstly, you have to see whether the order of status quo was in force when the breach occurred. Has the appellate court stayed the operation of the status quo order? If no, then you can file the application under Order 39 Rule 2A. If yes, check whether the order was in force at the time when the breach occurred. Secondly, coming to the aspect of which court to approach, in my opinion, it is to be filed in the court which granted the temporary injunction.

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