Application under order 39 rule 1 and 2
Aman
(Querist) 06 December 2012
This query is : Resolved
Dear Experts,
An Application under Order 39 Rule 1 and 2 read with Section 151 CPC., for issuing exparte ad-interim injunction against defendants, till decision of suit was filed in the trial court along with the application of permanent injunction. The Hon,ble court issued the notices to defendants. On the fixed date, some of the defendant’s counsel came present, but no written reply was filed by any of the defendants. The Hon’ble court after hearing some brief arguments, gave one month time to defendants for filing reply & notice to balance defendants. The said application was not decided either way, stating in the order that the application is not maintainable at this stage.
Some body is advising me that as the application is kept pending by the hon’ble court, I can file its revision directly in High court & get some instant relief..
Plz advise..
Nadeem Qureshi
(Expert) 06 December 2012
Dear Aman
you can contact personally or contact over the phone.
Feel free to call
Aman
(Querist) 06 December 2012
Plz advise..
Adv.R.P.Chugh
(Expert) 06 December 2012
If the Court has stated that the application is not maintainable at this stage - then it is disposed off and is not kept pending. Denial of an injunction is an appealable order and an appeal (as an appeal against order) lies to the superior court.
V R SHROFF
(Expert) 06 December 2012
Either Ex-5 is allowed, or Rejected.
If kept pending, "The said application was not decided either way,"
ur statement is not clear. better scan & attach copy of Order, to read & understand, whether ur ad-interim injunction Appli is allowed or rejected??
Raj Kumar Makkad
(Expert) 06 December 2012
Generally such applications are not decided ex-parte by civil courts unless there are most compelling circumstances exist. When all the parties shall come present, such application shall be decided so no use to discuss more.
ajay sethi
(Expert) 06 December 2012
no ad interim reliefs have been garnted by court . court is not satisfied that any reliefs ought to be granted
Aman
(Querist) 06 December 2012
Thanks all...
The order read as under:
"Heard. In view of the case law relied upon the counsel for the defendants, wherein it is held that suit for permanent injunction is not maintainable, no case for grant of any interim injunction is made out at this stage of the case. Hence, the case is adjourned to 14.1.12 for filing of written statement by appearing defendants. Remaining unserved defendants be also summoned for the date fixed"
Aman
(Querist) 06 December 2012
what is the exact meaning of the order?
is it decided (declined) or kept pending?
Aman
(Querist) 06 December 2012
Plz advise..
Raj Kumar Makkad
(Expert) 07 December 2012
In the given case, the ad interim relief has been declined to you so the only option remains is to tile appeal before District judge against such order.
