Before granting injunction, Court to direct notice to opposite party



Consequence of disobedience or breach of injunction

(2) No attachment made under this rule shall remain in force for more than one year, at the end of which time if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court may award such compensation as it thinks fit to be injured party and shall pay the balance, if any, to the party entitled thereto

Before granting injunction, Court to direct notice to opposite party

Rule 3.The court shall in all case, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party:

Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant –

  • To deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with –
  • A copy of the affidavit filed in support of the application;
  • A copy of the plaint; and
  • Copies of documents on which the applicant relies, and
  • To file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent.


Court to dispose of application for injunction within thirty days

Rule 3A.Where an injunction has been granted without giving notice to the opposite party, the Court shall make an Endeavour to finally dispose of the application within thirty day from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.

Rule 4.Order for injunction may be discharged, varied or set aside – Any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order;

Provided that if in an application for temporary injunction or in any affidavit support such application a part has knowingly made a false or misleading statement in relation to a material particular and the injunction was granted without notice to the opposite party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice

 

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