IMPORTANT POINT
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, particularly Rule 3, Order 39, which mandates the court to give notice of the application for interim relief to the opposite party, except where the object of granting injunction would be defeated by delay.

JUDGMENT :

Satyen Vaidya, J.

Aggrieved against order dated 16.06.2023 passed by learned Senior Civil Judge, Kasauli, District Solan, H.P. in CMA No. 168/6 of 2023 in Civil Suit No. 35 of 2023, petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India.

2. Original suit No. 35 of 2023 titled as M/s Alvium Life Sciences vs. The Senior Electrical Engineer and others is pending before learned Senior Civil Judge, Kasauli. The prayer made in the original suit is as under:-

“a) Pass a decree for issuance of directions to respondent no.1 for installing and energizing electricity connection in the name of plaintiff at the premises situated at First Floor, Khasra Nos. 329 and 335, Village Naryal, Parwanoo, Tehsil Kasauli, District Solan, Himachal Pradesh.”

3. Respondent No.1 herein/plaintiff has sought the above decree on the premise that it is a tenant of petitioner herein in respect of a premises situated at First Floor, Khasra No.329 and 335, Village Naryal, Parwanoo, Tehsil Kasauli, District Solan, H.P. The premises have been taken on rent for the purpose of running an office and a factory. Mr. Pulkit Abrol is the proprietor of petitioner herein, who works abroad. In the absence of Mr. Pulkit Abrol, his father Mr. Susheel Abrol caused hindrance in installation of electricity connection in the tenanted premises of respondent No.1/plaintiff.

4. Respondent No.1/plaintiff did not implead either the petitioner herein or Shri Susheel Abrol as defendant, however, on the application for impleadment filed by petitioner herein, it has been ordered to be impleaded as defendant No.4.

5. For the sake of convenience, the parties hereafter shall be referred to by the same status as they hold before learned trial court.

6. Defendants No.1 to 3 have filed their written statement. Defendant No.4, who was impleaded on 12.05.2023, was yet to file its written statement till the date of passing of impugned order dated 16.06.2023. In stead, defendant No.4 had filed an application under Order 7, Rule 11 of the Code of Civil Procedure for seeking rejection of plaint.

7. The suit was initially filed by the plaintiff without seeking any interim relief. The fact of the matter is that no application for any interim relief was filed by the plaintiff along with the suit.

8. On 16.06.2023, plaintiff filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure seeking directions against defendant No.1 to install electricity connection in the name of plaintiff at premises situated at First Floor, Khasra Nos.329 and 335, Village Naryal, Parwanoo, Tehsil Kasauli, District Solan, H.P. The application was registered as CMA No. 168/6 of 2023.

9. Since, the main suit was also listed on 16.06.2023, the learned counsel for the defendants were supplied with the copies of the application in the Court itself.

10. On 16.06.2023 itself learned trial Court passed the impugned order in CMA No. 168/6 of 2023 directing defendants No.1 and 2 to install electricity connection forthwith in the premises situated at First Floor, Khasra Nos. 329 and 335, Village Naryal, Parwanoo, Tehsil Kasauli, District Solan, H.P. The defendants were also directed to file their replies to CMA No. 168/6 of 2023.

11. Defendant No.4 has assailed the impugned order on the ground that the learned trial Court had acted in undue haste by directing the installation of electricity connection in the premises alleged to be tenanted by the plaintiff. It has also been contended that the impugned order has been passed without even affording reasonable opportunity to the defendants to oppose the application.

12. I have heard the learned counsel for the parties and have also gone through the record carefully.

13. Undisputably, the impugned order dated 16.06.2023 has been passed on the same day when CMA No. 168/6 of 2023 was instituted in the Court. It is evident from the impugned order that a prayer was made on behalf of defendant No.4 to grant time for filing reply. Without