( 1 ) ON 17th December, 1987 an ex parte injunction was granted against the defendant A Local Commissioner was also appointed, inter alia, for preparing an inventory of the goods in possession of the defendant. It was further directed that the plaintiff will comply with the provisions oforder39rule3c. P. C.

( 2 ) THE defendant has moved the present application contending that the provisions of Order 39 Rule 3 have not been complied with by the plaintiff and as such this Court should vacate the order dated 17th December, 1987 granting an ex parte ad interim injunction.

( 3 ) ORDER 39 Rule 3 provides that before granting an injunction, notice should be issued of the application to the opposite party. It further provides that such a notice need not be issued where it appears to the Court that the granting of an injunction would be defeated by the dealy. The proviso to rule 3, which was inserted by amendment with effect from 1st February, 1977, provides that when an ex parte injunction is proposed to be issued, the Court shall record the reasons for its opinion in doing so and the Court should also require the applicant to deliver to the opposite party or to send to hi