Whether High court can grant exparte interim order without admitting appeal?
appellant is that Order XLI Rule 5 confers jurisdiction on
the High Court while dealing with an appeal under Section
100 CPC to pass an ex parte order and such an order can
be passed deferring formulation of question of law in grave
situations. Be it stated, for passing an ex parte order the
Court has to keep in mind the postulates provided under
sub-rule (3) of Rule 5 of Order XLI. It has to be made clear
that the Court for the purpose of passing an ex parte order
is obligated to keep in view the language employed under
Section 100 CPC. It is because formulation of substantial
question of law enables the High Court to entertain an
appeal and thereafter proceed to pass an order and at that
juncture, needless to say, the Court has the jurisdiction to
pass an interim order subject to the language employed in
Order XLI Rule 5(3). It is clear as day that the High Court
cannot admit a second appeal without examining whether it
raises any substantial question of law for admission and
thereafter, it is obliged to formulate the substantial question
of law. Solely because the Court has the jurisdiction to
pass an ex parte order, it does not empower it not to
formulate the substantial question of law for the purpose of
admission, defer the date of admission and pass an order of
stay or grant an interim relief. That is not the scheme of
CPC after its amendment in 1976 and that is not the tenor
of precedents of this Court and it has been clearly so stated
in Ram Phal (supra). Therefore, the High Court has
rectified its mistake by vacating the order passed in IA No.
1/2015 and it is the correct approach adopted by the High
Court. Thus, the impugned order is absolutely impregnable.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3190 OF 2016
(Arising out of S.L.P. (Civil) No. 6662 of 2016)
Raghavendra Swamy Mutt …Appellant
Versus
Uttaradi Mutt ...Respondent
Dated;March 30, 2016.
https://www.lawweb.in/2016/03/whether-high-court-can-grant-exparte.html
