Who may apply to the court under Order XXXIX, rule 4 of the Code of Civil Procedure, 1908 to discharge,…
Order XXXIX, rule 4 allows any party dissatisfied with the injunction to apply. Its provisos address misleading statements in an ex parte application and restrict variation…
Choose your answer
Who may apply to the court under Order XXXIX, rule 4 of the Code of Civil Procedure, 1908 to discharge, vary or set aside a temporary injunction, subject to the rule's conditions?
Answer and explanation
Correct answer C
Order XXXIX, rule 4 allows any party dissatisfied with the injunction to apply. Its provisos address misleading statements in an ex parte application and restrict variation at the instance of a party already heard unless circumstances change or undue hardship results.
Option feedback
Option A
The rule does not restrict applications to plaintiffs.
Option B
A defendant may apply if dissatisfied, but the rule does not restrict applications to defendants.
Option C
The rule's opening language permits an application by any dissatisfied party, subject to its provisos.
Option D
The State Government has no exclusive application right under this rule.
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