dismissed appeal under Order XLI Rule 19 of the Code. Could the provisions of Order XXXIX Rules 1 and 2 be applied to such ... according to Section 2 , means 'pre-scribed by rules' and that Rules 1 and 2 of Order XXXIX lay down certain circumstances
enumerated in
Order XLIII Rule 1(r) of CPC . Therefore, appeals would lie only
against orders under Order XXXIX Rules 1 & 2, 2 ... against those orders that are made under Rule 1,
Rule 2, Rule 2-A, Rule 4 or Rule 10 of Order XXXIX. As already
considered
backdrop of Order VII Rule 10 of the CPC , as
contradistinguished with Order XXXIX Rules 1 and 2. Mr.
Khandekar seeks to discount the applicability ... adjudication of an application
under Order VII Rule 10, or under Order XXXIX Rules 1 and 2, of
Signature Not Verified
Digitally Signed By:SUNIL
XXXIX rules 1 & 2, CPC )
1. In a suit for permanent injunction of patents infringement, the plaintiffs
CS(COMM) 159/2024 Page 1 ... have filed the present application under Order XXXIX rules 1 & 2 of the Civil
Procedure Code, 1908 1 seeking the following reliefs
considered and orders passed
on the application under Order XXXIX Rule 4.
If both objections to Order XXXIX Rule 1 and 2
as also application ... varying or modifying the
order of injunction. If an order on an
application under Order XXXIX Rule 1 and 2
considered and orders passed
on the application under Order XXXIX Rule 4.
If both objections to Order XXXIX Rule 1 and 2
as also application ... varying or modifying the
order of injunction. If an order on an
application under Order XXXIX Rule 1 and 2
under Order VII Rule 11 are different from the considerations which
apply while examining an application under Order XXXIX Rules 1
and 2. An application ... Order
VII Rule 11 of the CPC , the impugned order, insofar as it allows the
respondents' application under Order XXXIX Rules 1 and 2
default vide order dated
.
10.11.2017 passed by this Court. Bare reading of provisions
contained under Order XXXIX, rules 1 and 2 CPC clearly
suggests that ... eviction orders that the
applicants/plaintiffs suddenly woke up from deep slumber
and filed the application under Order XXXIX, rules 1 and 2
CPC , that
1. Same has been perused
carefully.
9. Analysis and Findings:- Firstly, it can be said that Order XXXIX
Rule 1 and 2 of the Code ... Civil Procedure
is hereby dismissed. The order with respect to application filed under
Order XXXIX Rule 1 & 2 read with section
after hearing the arguments, order on the application of
appellant/plaintiff filed under Order XXXIX Rule 1 & 2 read with section ... Court was pleased to pass an order dated 03.01.2023
whereby, an application under Order XXXIX Rule 1 & 2 CPC filed by the
appellant/plaintiff
