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1996 Supreme(Mad) 607

K.A.SWAMI
Rt. Rev. R. T. Baskaran, Bishop of Vellore, Vellore and another – Appellant
Versus
Aruldoss and another – Respondent


Mr. R. Balasubramanian for M/s. P. Peppin Fernando and S. William, Advocates for Petitioners. Mr. K.T. Palapandian, Advocate for Respondents.

Judgment :

1. This civil revision petition under Section 115 of the Code of Civil Procedure, 1908 is preferred against order of ad-interim injunction dated 24. 1992 passed by the District Munsif, Villupuram, on I.A.No.803 of 1992 filed in O.S.No.487 of 1992.

2. It is not necessary to go into the facts of the case. This is a revision petition, which is filed against the ex parte order of temporary injunction without filing the objections to it and seeking an order from the trial Court which has granted the order of temporary injunction. It is true, while granting the order of ad-interim injunction, the Court has to bear in mind the provisions contained in Rules 1 and 3 of Order 39 of Civil Procedure Code. The Court can pass an order of ad-interim injunction only when it is satisfied that the object of granting the injunction will be defeated by the delay caused in directing the notice of the application to the opposite party before granting the injunction. The court has to record the reasons for its opinion that the object of granting the injunction would be defeated by the delay in serving the notice. It has also to issue directions as per Clauses (a) and (b) of Rule 3 of Order 3


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