Order 39, CPC: Temporary Injunction:Courts must state reason for exparte order.

Shiv Kumar Chadha versusMunicipal Corporation of Delhi 1993


SCI on Courts passing ad-interim ex-parte Orders under Order 39 CPC without recording reasons in their Orders


Courts have been passing orders of injunction before issuance of notices or hearing the parties against whom such orders are to operate without recording the reasons for passing such orders.


 It is said that if the reasons for grant of injunction are mentioned, a grievance can be made by the other side that Court has prejudged the issues involved in the suit.

 

 According to us, this is a misconception about the nature and the scope of interim orders.

 

 It need not be pointed out that any opinion expressed in connection with an interlocutory application has no bearing and shall not affect any party, at the stage of the final adjudication. SCI


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