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For a breach of a temporary injunction granted under Order XXXIX of the Code of Civil Procedure, 1908,…

Rule 2A(1) allows attachment of the property and detention in civil prison for up to three months, separately or together as the court considers appropriate. Sale under rule…

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For a breach of a temporary injunction granted under Order XXXIX of the Code of Civil Procedure, 1908, which pair of measures may the court order together under rule 2A(1)?

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Answer and explanation

Correct answer B

Rule 2A(1) allows attachment of the property and detention in civil prison for up to three months, separately or together as the court considers appropriate. Sale under rule 2A(2) is a later measure if the breach continues at the end of the one-year attachment period.

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Option A

Rule 2A(2) makes a later sale conditional on continuing disobedience at the end of the one-year attachment period. It does not authorize immediate sale under rule 2A(1).

Option B

Rule 2A(1) permits attachment and detention for a term not exceeding three months. The court may use both measures together where warranted.

Option C

Rule 2A(1) does not provide this fine and detention combination. Three months is the detention ceiling.

Option D

Neither measure is authorized as an initial order by rule 2A(1).

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