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 4 Replies

Shubham Bhardwaj (Practice)     23 September 2021

Dear Sir, This seems to be an academic query however I ll give you a brief in this regard. Injunction is a temporary relief provided under Order 39 CPC. When a suit is filed for a substantive relief, it is sometimes accompanied by an application for injunction . Injunction is filed to restrain the defendant to do some act which could be detrimental to the plaintiff's interests during the pendency of suit. Court grants injunction on certain specific averments. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

Dr. J C Vashista (Advocate and Legal Consultant)     24 September 2021

Time pass question should be put up to your professor / tutor / coach as this site is meant to help needy litigants.

P. Venu (Advocate)     24 September 2021

What are the the facts? What is the issue?

minakshi bindhani   26 September 2021

As per your illustrated query!

Where an application purporting to be filed for an injunction under order 39, three alternative orders may be made by the Court on that application.

Firstly, it may be rejected forthwith

secondly, its final disposal may be postponed until after the opposite party has been heard, no ad interim injunction is granted

lastly, an order granting an ad-interim injunction,

Thereafter, the Court has heard the opposite party, disposing of the application finally. 

As a principle, an ex parte injunction could be granted only under exceptional circumstances.
(a) whether irreparable or serious mischief will ensue to the plaintiff;
(b) whether the refusal of ex parte injunction would involve greater injustice than the grant of it would involve
(c)the court will also consider the time at which the plaintiff first had notice of the act complained so that the making of improper order against a party in his absence is prevented.
(d) the court will consider whether the plaintiff had acquiesced for some time and in such circumstances, it will not grant ex parte injunction;
(e) the court would expect a party applying for ex parte injunction to show utmost good faith in making the application.

Proviso to Rule 3 of Order 39 of the Code, attracts the principle of ex parte injunction.

Hope it clarifies the issues!
Minakshi Bindhani
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