SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1988 Supreme(Mad) 273

SRINIVASAN
The Rajapalayam Industrial And Commercial Syndicate Ltd. – Appellant
Versus
A. Vairaprakasam – Respondent


ORDER

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







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top