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Sumiteshwar Choudhary (lawyer)     16 April 2017

Can mandatory time of 24 hours under rule 3 of order 39 cpc be modified?

The proviso of Order 39 Rule 3 CPC talks of steps to be taken in an ad interim ex parte injunction and gives a maximum time of 2 days to send the entire file to defendent. Can this be altered as 10 days by a trial court? If it is done and service is done on 10th day, isn't it a violation of law causing mandatory vacation of injunction? Please support with case law, if possible from Supreme Court.


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