Grant of ex-parte temporary injunction is an exception and issuance of notice is a Rule before granting any ex-parte temporary injunction: High Court of Uttarakhand.
As per Order 39 Rule 3 of C.P.C, an ex-parte order passed in temporary injunction is an exception and the rule is to issue a notice prior to granting any ex-parte temporary injunction. A single Judge bench comprising Hon’ble Justice Manoj Kumar Tiwari in the matter of Adwin Vs. Inamwell and others (WRIT PETITION (M/S) No. 1494 of 2021), dealt with an issue where the petitioner had already filed a suit for partition and had filed an application seeking a temporary injunction, but the petitioner stills felt aggrieved and thereby approaches this court.
In the present case, the learned counsel contended that as per the facts and circumstances of the case, the trial court should have granted ex-parte interim injunction order in favor of the petitioner. To this, the court observed that under Order 39 Rule 3 of C.P.C, an ex-parte order passed in temporary injunction is an exception and the rule is to issue a notice prior to granting any ex-parte temporary injunction. The counsel for the petitioner also submitted that in the subject matter to the partition suit, the co-sharers in the property might create third-party interest which may lead to complications in the future. To this, the court observed that such submission was without any force as – “as any transfer made by the co-sharers is subject to the doctrine of lis pendens as incorporated in Transfer of Property Act.”
As the petitioner’s temporary injunction was pending before the trial court, hence the court directed the trial court to decide the matter at the earliest within a period of 4 weeks from the date of production of a certified copy of this order. Thereby the writ petition was disposed of.