Section 8 in The Code of Civil Procedure (Madhya Pradesh Amendment) Act, 1984
8. Amendment of Order XXXIX of the First Schedule.
- In Order XXXIX of the First Schedule to the Principal Act,-(a)in Rule 2, in sub-rule (2), the following proviso shall be inserted, namely :-"Provided that no such injunction shall be granted-(a)where no perpetual injunction could be granted in view of the provisions of Section. 38 and Section 41 of the Specific Relief Act, 1963 (No. 47 of 1963); or(b)to stay the operation of an order for transfer, suspension, reduction in rank, compulsory retirement, dismissal, removal or otherwise termination of service of, or taking charge from, any person appointed to public service and post in connection with the affairs of the State including any employee of any company or corporation owned or controlled by the State Government; or(c)to stay, any disciplinary proceeding pending or intended or, the effect of any adverse entry against any person appointed to public service and post in connection with the affairs of the State including any employee of the company owned or controlled by the State Government; or(d)to restrain any election; or(e)to restrain any auction intended to be made or, to restrain the effect of any auction made by the Government; or to stay the proceedings for the recovery of any dues recoverable as land revenue unless adequate security is furnished;and any order for injunction granted in contravention of these provisions shall be void."(b)In Rule 4-(i)after the words "by the Court", the words "for reasons to be recorded, either on its own motion or" shall be inserted;(ii)at the end, the following proviso shall be inserted, namely;-"Provided also that if at any stage of the suit it appears to the Court that the party in whose favour the order of injunction exists is delaying the proceedings or is otherwise abusing the process of Court, it shall set aside the order for injunction."
