Civil Procedure Code (CPC)

Injunction can not be granted in doubtful affairs


 

Injunction can not be granted in doubtful affairs

 

"(ii) .....Interlocutory injunctions should be grantetd ex parte only in very exceptional circumstances, and only when the plaintiff can convince the Court that by no reasonable diligence could he have avoided the necessity of applying behind the defendant's back.,
(iii) Such injunctions, when granted, should be limited to a week or less, i. e., the minimum time within" which a defendant can come before the Court assuming that to get rid of the injunctions, he will be prepared to use the greatest expedition possible. X X X X X
(v) When the defendant appears and files his affidavit, the plaintiff should be given only a few days to answer it. The contested application should then be heard, as soon as possible, and if the Judge cannot dispose it of at once, should, for the term of the adjourment, which should be as short as possible, either grant an ad interim Injunction, or obtain an undertaking from the defendant not to do any acts complained against". Despite drawing pointed attention to the above, by the learned counsel for the defendant, the Sub-Judge reused the prayer for expediting the case.
 
Punjab-Haryana High Court
Union Of India (Uoi) vs Bakhshi Amrik Singh on 29 March, 1962
Equivalent citations: AIR 1963 P H 104
 
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Advocate

Worth reading matter. Thanbks a lot

 
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