O 39 r3(a)

Pardeep Kumar (Querist) 19 December 2012 This query is : Resolved
r/sir,
under Order 39 rule 3a, copy of interim order required to deliver/ send to opposite party or only copy of application for injunction together with 3a i, ii, iii required to deliver/ send to opposite party.

in a civil suit plaintiff serve defendant only copy of plaint along with copy of application for interim stay, and no interim order, affidavit in support of application,or copy of document serve to plaintiff, now these facts enough to vacate interim order against the defendant.

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Raj Kumar Makkad (Expert) 19 December 2012
No. The order cannot be vacated merely on the ground that the copy of interim order has not been sent though this is a lapse on the part of the plaintiff and if the opposite party has changed the nature or has violated the order during this period, the plaintiff cannot get any remedy thereto.

Advocate Bhartesh goyal (Expert) 20 December 2012
O 39 R 3 of CPC :-
. Before granting injunction, Court to direct notice to opposite party

The Court shall in all case, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party:

1[Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant-

(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with-

(i) a copy of the affidavit filed in support of the application;

(ii) a copy of the plaint; and

(iii) copies of documents on which the applicant relies, and

(b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent
.]
Generally the copy of interim injunction/order should be sent/delivered to opposite party alongwith the other required papers but if the copy of interim order does not send then it will be presumed as irregularity not illegality and does not give any right to opposite party to get vacate interim order.

Devajyoti Barman (Expert) 20 December 2012
Bring this to the notice of the court on next date for hearing. The court would pass necessary direction.
This is a common practice in most of the lower courts.