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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. RAJESWARAN
India Evangelical Lutheran Church a Registered Society & Others
Versus
A. Vijayakumar Correspondent and Managing Trustee
C.R.P.(PD) No.1780 of 2008 in M.P.No.1 of 2008
Decided on : 13-06-2008
Order 39 Rule 3 CPC - Injunction Order - The trial Court's cryptic order of injunction was set aside as it violated Order 39 Rule 3 CPC, which requires reasons to be given if an injunction is granted without ordering notice to the other side.
Fact of the Case:
The Civil Revision Petition was filed to set aside the exparte injunction order granted by the trial Court, which was found to be in violation of Order 39 Rule 3 CPC.
Finding of the Court:
The Court found that the injunction order was passed in blatant violation of Order 39 Rule 3 CPC and set it aside, allowing the civil revision petition. The revision petitioners were directed to file a counter to the injunction application, and the trial Court was instructed to consider the same on merits within two months.
Issues: Violation of Order 39 Rule 3 CPC in granting the injunction order without providing reasons and without ordering notice to the other side.
Ratio Decidendi: The cryptic order of injunction was set aside as it violated the specific provisions of Order 39 Rule 3 CPC, which require the trial Court to provide reasons if an injunction is granted without ordering notice to the other side.
Final Decision: The order dated 29.04.2008 passed by the trial Court was set aside, and the civil revision petition was allowed. The revision petitioners were directed to file a counter to the injunction application, and the trial Court was instructed to consider the same on merits within two months.
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. Therefore, he contends that the injunction order should be set aside.
5. It is not in dispute that a cryptic order of injunction has been passed by the trial Court in blatant violation of Order 39 Rule 3 CPC. Hence, I set aside the order dated 29.04.2008 passed by the Court below, thereby the civil revision petition is allowed. No costs. Consequently, connected M.P.is closed.
6. It is always open to the revision petitioners to file a counter immediately to the injunction application and on such counter being filed, the trial Court shall take up the application and consider the same on merits in accordance with law within a period of two months from the date of filing of the counter by the revision petitioners. The revision petitioners are directed to file their counter within two weeks from the date of receiving a copy of this order.
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