Sunny filed a suit against Yogesh for the recovery of a valuable antique unlawfully taken by Yogesh. Sunny claimed that the sculpture was a rare and valuable artefact. During the hearing, Sunny alleged that Yogesh may di

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
Sunny filed a suit against Yogesh for the recovery of a valuable antique unlawfully taken by Yogesh. Sunny claimed that the sculpture was a rare and valuable artefact. During the hearing, Sunny alleged that Yogesh may dispose of the property to his benefit. Discuss the remedy available to Sunny under the provisions of the Civil Procedure Code 1908.

Answer & Explanation:

According to Order XXXIX, Rule 1, where in any suit it is proved by affidavit or otherwise- that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors, that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the Court thinks fit, until the disposal of the suit or until further orders. In this case, the sculpture was a rare and valuable artefact and if Yogesh disposed that property to his benefit it would be an irreparable loss to Sunny. Hence, Sunny may approach the Court and the court may grant temporary injunction in favour of Sunny because if not granted it would lead to an irreparable loss to him.

Topics: Civil Procedure Code, 1908

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