sridhar pasumarthy (ADVOCATE) 21 November 2013

Exparte injunction

Dear Fellow Members,

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 order.

My queries are :-

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.

Thanks in advance

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2 Replies

adv.raghavan (Advocate,9444674980) 24 November 2013

generally court will not give exparte order under order 39 rule 3, it has to give strong and valid reasons for doing so. it will not be done without valid reasons, u can go for revision under order 39 rule 4 . pls refer JUDGT; CHANDRAMA SINGH v Y SINGH AIR 1972 .

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Advocate Ashok Kumar (Counsel) 25 November 2013

An interim order is a very special remedy that is meant to stop any continuing infringement and damage to the petitioner. It is a stop gap arrangement, so it requires a comparatively lower level of justification as compared to final orders. You can opt for a revision petition and can apply to the court to condone the delay and include the defendant as an interested party and re evaluate the merits of the order in view of the submission by the defendant

Regards

Advocate Ashok Kumar; www.lawkonect.com

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