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 a execution of a decree, or

that the defendant threatens, or intends, to remove or dispose of his property with a view to [defrauding] [ Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for " defraud" (w.e.f. 1.2.1977).] 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,] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] the Court may be 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] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] as the Court thinks fit, until the disposal of the suit or until further orders.

High Court Amendments-[Allahabad].-In clause (a) the words "or wrongfully sold in execution of a decree" and in the last para, the word "sale" after the words "damaging, alienation", which were deleted by a former amendment, have now been restored.-(7-12-1929 and 12-8-1944). [Andhra Pradesh].-For Order 39, rule 1, substitute the following:- "1. Where in any suit it is proved by affidavit or otherwise (a) 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 (b) that the defendant threatens, or intends to remove or dispose of his property with a view to defraud his creditors; or (c) that the defendant threatens to dispossess the plaintiff, or otherwise cause injury or loss to the plaintiff, 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, alientation, sale, removal or disposition of the property, or dispossessing or otherwise causing injury or loss as the Court thinks fit, until the disposal of the suit or until further orders."-(26-7-1956). [Calcutta].-In Order 39, re-number rule 1 as rule 1(1) and add the following as sub-rules (2) and (3): "(2) In case of disobedience, or of breach of the terms of such temporary injunction or order, the Court granting the injunction or making such order may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding six months, unless in the meantime the Court directs his release. (3) The property attached under sub-rule (2) may, when the Court considers it fit so to direct, be sold and, out of the proceeds, the Court may award such compensation to the injured party as it finds proper and shall pay the balance, if any, to the party entitled thereto. "-(3-2-1933). [Gauhati].-Same as that of Calcutta. [Kerala].-Order 39, rule 1 shall be re-numbered as sub-rule (1) thereof and in that sub-rule (1) after the words "wrongfully sold" the words "or delivered" shall be inserted. After sub-rule (1) the following shall be inserted as sub-rule (2): "(2) In case of disobedience of any order passed under sub-rule (1) the Court granting injunction may proceed against the person guilty of such disobedience under sub-rules (3) and (4) of rule 2 of this Order."-(9-6-1959). [Orissa].-Same as that of Patna. [Patna].-(1) Substitute the word "the" for the word "a" in line 1 of clause (a).-(8-10-1937). (2) Add the following provisos after rule 1: "Provided that no such temporary injunction shall be granted if it would contravene the provisions of section 56 of the Specific Relief Act (Act I of 1877): Provided further that an injunction to restrain a sale, or confirmation of a sale, or to restrain delivery of possession, shall not be granted except in a case where the applicant cannot lawfully prefer, and could not lawfully have preferred, a claim to the property or objection to the sale, or to the attachment preceding it, before the Court executing the decree. "-(8-10-1937).

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 a execution of a decree, or

that the defendant threatens, or intends, to remove or dispose of his property with a view to [defrauding] [ Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for " defraud" (w.e.f. 1.2.1977).] 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,] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] the Court may be 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] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] as the Court thinks fit, until the disposal of the suit or until further orders.

High Court Amendments-[Allahabad].-In clause (a) the words "or wrongfully sold in execution of a decree" and in the last para, the word "sale" after the words "damaging, alienation", which were deleted by a former amendment, have now been restored.-(7-12-1929 and 12-8-1944). [Andhra Pradesh].-For Order 39, rule 1, substitute the following:- "1. Where in any suit it is proved by affidavit or otherwise (a) 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 (b) that the defendant threatens, or intends to remove or dispose of his property with a view to defraud his creditors; or (c) that the defendant threatens to dispossess the plaintiff, or otherwise cause injury or loss to the plaintiff, 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, alientation, sale, removal or disposition of the property, or dispossessing or otherwise causing injury or loss as the Court thinks fit, until the disposal of the suit or until further orders."-(26-7-1956). [Calcutta].-In Order 39, re-number rule 1 as rule 1(1) and add the following as sub-rules (2) and (3): "(2) In case of disobedience, or of breach of the terms of such temporary injunction or order, the Court granting the injunction or making such order may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding six months, unless in the meantime the Court directs his release. (3) The property attached under sub-rule (2) may, when the Court considers it fit so to direct, be sold and, out of the proceeds, the Court may award such compensation to the injured party as it finds proper and shall pay the balance, if any, to the party entitled thereto. "-(3-2-1933). [Gauhati].-Same as that of Calcutta. [Kerala].-Order 39, rule 1 shall be re-numbered as sub-rule (1) thereof and in that sub-rule (1) after the words "wrongfully sold" the words "or delivered" shall be inserted. After sub-rule (1) the following shall be inserted as sub-rule (2): "(2) In case of disobedience of any order passed under sub-rule (1) the Court granting injunction may proceed against the person guilty of such disobedience under sub-rules (3) and (4) of rule 2 of this Order."-(9-6-1959). [Orissa].-Same as that of Patna. [Patna].-(1) Substitute the word "the" for the word "a" in line 1 of clause (a).-(8-10-1937). (2) Add the following provisos after rule 1: "Provided that no such temporary injunction shall be granted if it would contravene the provisions of section 56 of the Specific Relief Act (Act I of 1877): Provided further that an injunction to restrain a sale, or confirmation of a sale, or to restrain delivery of possession, shall not be granted except in a case where the applicant cannot lawfully prefer, and could not lawfully have preferred, a claim to the property or objection to the sale, or to the attachment preceding it, before the Court executing the decree. "-(8-10-1937).