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NRV   08 November 2021

Court without summons can pass mandatory injunction?

court can pass mandatory injunction without issuing notices to defendants??


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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 November 2021

As per Rule 3A of Order XXXIX of Civil Procedure Code where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavor to finally dispose of the application within 30 days from the date on which the injunction was granted and where it is unable so to do, it shall record

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Shubham Bhardwaj (Advocate)     08 November 2021

Dear Sir, 

Please note that mandatory injunction is not granted under Order XXXIX of CPC but under Section 39 of the Specific Relief Act 1963.

The parameters of a mandatory injunction are entirely different from temporary injunctions. For a mandatory injunction a suit has to be filed and can be given only on merits of the case. A suit cannot be decided on merits without the presence of the defendants unless there is non-compliance by the defendant to the summons issued by the court. However in that case also the order can be recalled if the court is satisfied that there was sufficient ground for non-compliance. 

So your answer is 'NO'. Nomally mandatory injunction cannot be granted without issuing summons to the defendant. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

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Advocate Bhartesh goyal (advocate)     08 November 2021

Well advised by expert Shubham Bharadwaj, temporary injunction can be granted without issuing notice to opposite party u/order 39 rulle 3 of cpc but mandatory injunction can not be granted without issuing notice.

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