Exparte injunction

sridhar pasumarthy (Querist) 21 November 2013 This query is : Resolved
Respected Experts,

As you are all aware that under Order 39 Rule 3 C.P.C., it is mandatory for a court to record reasons while passing exparte interim injunction order.

My query is :-

1. What is the effect of an exparte interim order passed by a court without recording any reasons. Is it valid or void?

2. What is the remedy for an aggreived party in the said case. Is it either Appeal or Revision?

Pls clarify. I have made several efforts but could not find any direct ruling on the said issues.

Many thanks in advance.

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niranjan (Expert) 21 November 2013
Order under O.39,is appelable,soyou can prefer appeal against that order also under O.43,rule (1)(r).

Rajendra K Goyal (Expert) 22 November 2013
Order is legal and enforceable. An appeal may be preferred.

sridhar pasumarthy (Querist) 23 November 2013
Thanks for your advice.

But, order under Order 39 Rule 3 is not an Appealable order under Order 43 Rule 1 CPC.

I request to express your valuable opinions about the validity of the order.

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