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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…

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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?

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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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