1997 A I H C 1852 ::(1997) 2 CivLJ 843 ::(1998) 2 CurCC 591 ::(1997) 2 Kant LJ 407

Karnataka High Court

Hon'ble Judge(s): H. N. Narayan , J

Civil P. C. (5 of 1908) , 0.39, R.2(a), S.151— Ex parte Act - Interim injunction - Police assistance for implementation of - Court can issue directions for Police help only after deciding question of grant of injunction and only after hearing both the parties. It is true that a party against whom an ex parte ad interim order is passed by the Court has to obey it. Disobedience of the order of temporary injunction calls for action under Order 39, Rule 2(a) CPC. Many a time parties prefer to enforce the ad interim orders to their advantage and to the disadvantage of the defendants before the defendants actually enter appearance and put forth their defence. In order to avoid such an unhappy circumstance, the Courts must be on their guard/ refrain themselves from issuing direction to the police to implement its ex parte orders. The submission that in case of violation of an ad interim order of the Court, the defendant is liable for action under the provisions of Cr. P. C. is no doubt true but it is difficult to accept this submission with regard to the provisions of Order 39, Rule 2(a) CPC which is rather cumbersome and not the only way of taking action for disobedience of the order. Times have changed where interference and suitable directions have to be issued by the Court to implement its order either by the police or other executive officers. Otherwise, the o....