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The Code of Civil Procedure, 1908: page 217
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 217, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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(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, 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
employee including any employee of the Government, or
(c) to say, any disciplinary proceeding pending or intended or, the effect of any adverse entry,
against any employee of the Government, or
(d) to affect the internal management or affairs of, any educational institution including a
University, or a society, or
(e) to restrain any election, or
(f) to restrain, any auction intended to be made or, the effect of any auction made, by the
Government, or
(g) to stay the proceedings for the recovery of any dues recoverable as land revenue unless adequate
security is furnished, or
(h) in any matter where a reference can be made to
e
the Chancellor of a University under any
enactment for the time being in force ; od
and any order for injunction granted in contravention of these provisions shall be void.” ;
(b) in rule 4 —
aC
di
(i) after the words “by the court”, the words “for reasons to be recorded, either on its own
motion or” shall be inserted ; In
(ii) at the end, the following proviso shall be inserted, namely:—
“Provided 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 dilating the proceeding or is otherwise abusing the process of Court, it
shall set aside the order for injunction.”
[Vide Uttar Pradesh Act 57 of 1976, s. 13]
Uttar Pradesh
Amendment of order XXXIX of First Schedule.— In the First Schedule to the said Code, in Order XXXIX, in
rule 2, in sub-rule (2), in the proviso, clause (d) shall be omitted.
[Vide Uttar Pradesh Act 17 of 1991, s. 8]
ORDER XL
APPOINTMENT OF RECEIVERS
1. Appointment of receivers.—(1) Where it appears to the Court to be just and convenient, the Court
may by order—
(a) appoint a receiver of any property, whether before or after decree;
(b) remove any person from the possession or custody of the property;
(c) commit the same to the possession, custody or management of the receiver; and
(d) confer upon the receiver all such powers, as to bringing and defending suits and for the
realisation, management, protection, preservation and improvement of the property, the collection of
the rents and profits thereof, the application and disposal of such rents and profits, and the execution
of documents as the owner himself has, or such of those powers as the Court thinks fit.
(2) Nothing in this rule shall authorise the Court to remove from the possession or custody of
property any person whom any party to the suit has not a present right so to remove.
217
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