Civil Procedure Code, 1908, Section 104, 115, Order 39, Rule 3-A, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Violation of mandate of O.39.R.3-A - Appeal lies against such order - When remedy of appeal is available, revision petition is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 3-A -- Temporary injunction - Exparte - Such an application be disposed of within 30 days from the date of order after giving notice to other side - Attempt of the party who obtained such an order, to stall the proceedings from passing an order on merits - Deprecated...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Exparte ad interim injunction - Reasons for dispensing with the notice to be recorded - If reasons are not recorded then exparte ad interim injunction order is unsustainable...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Exparte ad interim injunction - Reasons for dispensing with notice if not recorded - Appeal lies against such an order - Contention that appeal lies against such an order only if petition is not decided finally within 30 days - Not correct...........
Civil Procedure Code, 1908, Order 39, Rule 3-A -- Exparte injunction - Period of injunction need not be restricted to 30 days at the first instance - Court should pass final order on it within 30 days from the day injunction was granted...........
Civil Procedure Code, 1908, Order 39, Rule 3-A -- Mandate of rule when flouted - Aggrieved party is entitled to file appeal notwithstanding pendency of application for grant or vacation of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Exparte interim injunction - Failure to perform duties - Held, such party cannot be allowed to take advantage of such order if the order is not obeyed by the other party - A disobedient beneficiary of an order cannot be heard to complain against any disobedience alleged against another party...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Exparte interim injunction - Failure to record reasons or failure to require applicant to perform duties enumerated in clauses (a) and (b) of Rule 3 - Order can be deemed to contain such requirements at least by implication...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 39, Rule 3 -- Temporary mandatory injunction - Without notice to the other party - Can be granted in appropriate cases i.e. where mandatory injunction if not granted will cause grave injustice...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Proviso - Provision is mandatory - Order passed without complying with such mandatory requirement - Not legal and liable to be set aside...........
