What is the time period of exparte injunction?

Ria (Querist) 09 July 2014 This query is : Resolved
Respected Experts,

The civil judge passed an exparte injunction against me stating that I should park the car in a particular slot alloted to an X person who doesn't even use the car park.

There are 2 other defendants along with me.

I advanced the matter on 28th June filed objections and plaintiff also filed objects.

Now the date has been extended to 31st July, 2014 for appearance of 2nd defendant.

Due to this is have to park my car in public road.

The exparte injunction is till the date of hearing.

My query is wouldn't an exparte injunction passed without notice to the other party expire after 30 days from the date of passing exparte injunction ?

Follow Query

Report Abuse

ajay sethi (Expert) 09 July 2014
you have to make application for setting aside exparte stay. oppose extension of stay

Raj Kumar Makkad (Expert) 09 July 2014
Unless the application filed by plaintiff under Order 39 Rule 1 & 2 read with section 151 of CPC is not disposed off by the trial judge, you shall not get the desired relief.

Lawyer SALEEMA (Expert) 09 July 2014
Order 39, Rule 3-A of Civil Procedure Code contemplates that if ad interim injunction is granted without giving notice to the opposite party, a duty is cast on the Court to dispose of the said application finally within thirty days from the date on which such injunction was granted and if the Court is not able so to do, it has to record its reasons for such inability.

Lawyer SALEEMA (Expert) 09 July 2014
If the said interim application is not disposed of within a reasonable time and the matter is kept pending for very long period by adjourning the date of hearing without recording any sufficient reasons as contemplated under Order 39, Rule 3-A CPC, then the aggrieved party can approach the appellate Court for his remedy.

Rajendra K Goyal (Expert) 10 July 2014
Ex-parte injunction passed without notice to the other party does not automatically expire after 30 days from the date of passing ex-parte injunction.

Well advised, agree with the experts.