SRINIVASAN
The Rajapalayam Industrial And Commercial Syndicate Ltd. – Appellant
Versus
A. Vairaprakasam – Respondent
Srinivasan, J.
1. This revision petition is against an order passed on 26-5-1988 by the vacation Civil Judge in IA. No. 697 of 1988. It is, no doubt, an ad interim ex parte order and a revision petition is not ordinarily maintainable in this Court. Normally, this Court does not entertain a revision petition against an ad interim injunction, when the Court below open to the opposite party in such a case is to approach the same Court for vacating the injunction order or passing appropriate order as laid down by a Division Bench of this Court in Abdul Shukoor Sahib v. Umachander and Ors. A.I.R. 1976 Mad. 350 : 89 L.W. 550.
2. However, learned Counsel for the petitioner points out that the order of interim injunction made by the trial Court in this case is in complete violation of the provisions of Order 39, Rule 3, Code of Civil Procedure. When the Civil Procedure Code was amended in 1976 by Act 104 of 1976, a proviso was introduced in Order 39, Rule 3, whereby when a court proposes to grant an injunction without giving notice of the application to the opposite party; the Court shall record reasons for its decision that the object of granting the injunction would be defeated by del
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