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The Code of Civil Procedure, 1908: page 216

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 216, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    5. Injection to corporation binding on its officer.—An injunction directed to a corporation is
binding not only on the corporation itself, but also on all members and officers of the corporation whose
personal action it seeks to restrain.
                                                       Interlocutory orders
    6. Power to order interim sale.—The Court may, on the application of any party to a suit, order the
sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any
movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is
subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to
have sold at once.
    7. Detention, preservation, inspection, etc., of subject-matter of suit.—(1) The Court may, on the
application of any party to a suit, and on such terms as it thinks fit,—
         (a) make an order for the detention, preservation or inspection of any property which is the
     subject-matter of such suit, or as to which any question may arise therein;
         (b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or
     building in the possession of any other party to such suit; and
         (c) for all or any of the purposes aforesaid authorise any samples to be taken, or any observation
     to be made or experiment to be tried, which may seem necessary or expendient for the purpose of
                                                                                  e
     obtaining full information or evidence.
                                                                           od
    (2) The provisions as to execution of process shall apply, mutatis mutandis, to persons authorised to
enter under this rule.                                             aC
   8. Application for such orders to be after notice.—(1) An application by the plaintiff for an order
                                                              di
under rule 6 or rule 7 may be made 1*** at any time after institution of the suit.
                                                         In
     (2) An application by the defendant for a like order may be made 2*** at any time after appearance.
    3
      [(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court
shall, except where it appears that the object of making such order would be defeated by the delay, direct
notice thereof to be given to the opposite party.]
    9. When party may be put in immediate possession of land the subject-matter of suit.—Where
land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in
possesion of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor
of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other
party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or
rent due previously to the sale (and with or without security at the discretion of the Court), be put in
immediate possession of the land or tenure,
and the Court in its decree may award against the defaulter the amount so paid, with interest thereon at
such rate as the Court thinks fit, or may charge the amount so paid, with interest thereon at such rate as
the Court orders, in any adjustment of accounts which may be directed in the decree passed in the suit.
    10. Deposit of money, etc., in Court.—Where the subject-matter of a suit is money or some other
thing capable of delivery and any party thereto admits that he holds such money or other thing as a
trustee for another party, or that it belongs or is due to another party, the Court may order the same to
be deposited in Court or delivered to such last-named party, with or without security, subject to the
further direction of the Court.
                                          STATE AMENDMENT
Uttar Pradesh
Amendment of Order XXXIX.— In the First Schedule, in Order XXXIX —


1. The words “after notice to the defendant” omitted by Act 104 of 1976, s. 86. (w.e.f. 1-2-1977).
2. The words “after notice to the plaintiff” omitted by s. 86, ibid. (w.e.f. 1-2-1977).
3. Ins. by s. 86, ibid. (w.e.f. 1-2-1977).

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