AIR 1970 ALLAHABAD 376 ::1970 ALL. L. J. 5

Allahabad High Court

Hon'ble Judge(s): S. N. Dwivedi, S. N. Singh, A. K. Kirty , JJJ

(A) Civil P.C. (5 of 1908) , O.43 R.1(r), O.39 R.1, O.39 R.2— Injunction granted ex parte under O.39 - Order is appealable. 1960 All LJ 124, Overruled. An ex parte order issuing temporary injunction under O. 39, Rr. 1 and 2, against the defendants is appealable under O. 43, R. l (r).Case law discussed.(Para 21) The language and the object of R. l(r) of Order 43 and the scheme of Rules 1 to 4 of Order 39 show that an appeal also lies against the ex parte order of injunction. As soon as an interim injunction is issued and the party affected thereby is apprised of it, he has two remedies: (1) he can either get the ex parte injunction order discharged, varied or set aside under Rule 4 of Order 39 and if unsuccessful avail the right of appeal as provided for under Order 43, Rule l(r); or (2) straightway file an appeal under Order 43, Rule l(r) against the injunction order passed under Rules 1 and 2 of Order 39, C.P.C. It is not unusual to provide for alternative remedies.(Para 16) Further, once the Court, after perusing the application and affidavit, comes to the conclusion that the case is a fit one in which temporary injunction should be issued ex parte the Court takes a final decision in the matter for the time being and the expression of this decision is a final order for the duratio....