CPC Order 39 Rule 10 — Deposit of money, etc., in Court

Where the subject-matter of a suit is money or some other thing capable of delivery and any party thereto admits that he holds such money or other thing as a trustee for another party, or that it belongs or is due to another party, the Court may order the same to be deposited in Court or delivered to such last-named party, with or without security, subject to the further direction of the Court. STATE AMENDMENT Uttar Pradesh Amendment of Order XXXIX.— In the First Schedule, in Order XXXIX —
(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 the Chancellor of a University under any
(h) in any matter where a reference can be made to enactment for the time being in force ;
(g) to stay the proceedings for the recovery of any dues recoverable as land revenue unless adequate security is furnished, or
(b) in rule 4 — and any order for injunction granted in contravention of these provisions shall be void.” ;
(i) after the words “by the court”, the words “for reasons to be recorded, either on its own motion or” shall be inserted ;
(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]