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2008 Supreme(Mad) 1736

S.RAJESWARAN
India Evangelical Lutheran Church a Registered Society & Others – Appellant
Versus
A. Vijayakumar Correspondent and Managing Trustee – Respondent


Advocates Appeared:
For the Petitioners:G. Ethirajulu, Advocate.
For the Respondent:T. Sathish, Advocate.

Judgment :-

The Civil Revision Petition has been filed to set aside the order dated 29.04.2008 made in I.A.No.622 of 2008 in O.S.No.334 of 2008 on the file of the District Munsif Court, Vellore.

2. The defendants 1 to 3 have filed the civil revision petition against the order passed by the trial Court on 29.04.2008 made in I.A.No.622 of 2008 in O.S.No.334 of 2008 on the file of the District Munsif Court, Vellore.

3. The trial Court granted an expart order on 29.04.2008 as follows:-

"Heard, perused the records and affidavit, prima facie case made out and interim injunction granted till 15.06.2008 on condition that petition to be disposed within 30 days, injunction notice to respondents order 39 Rule 3 CPC shall be complied with."

4. The learned counsel for the petitioners/defendants submitted that the order passed by the Court below is against the provision of law, particularly Order 39 Rule 3 CPC, according to which, reasons should be given by the trial Court if an order of injunction is granted without ordering notice to the other side. The learned counsel further pointed out that this Court repeatedly held that this kind of cryptic orders should not be passed by the Court below. T



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