LILABEN LAKHIRAM DASWANI Vs. PURSHOTTAM JEMAL DASWANI

JUDGEMENT

(1.) Admit. Mr.J.S. Sadhwani, learned advocate waives service of process of admission. At the request and with the consent of the learned advocates the matter is taken up for final disposal. The appellants herein- original plaintiffs are before this Court being aggrieved by order dated 22.03.2007 passed by the learned Chamber Judge, Court No. 14 of the City Civil Court, Ahmedabad, below Exhibits 23 and 27 in Civil Suit No.202 of 2007 on 31.01.2007. The learned Chamber Judge who was moved for grant of urgent ex parte injunction granted the same. The order reads as under:

(2.) Along with the suit an application for injunction, exh.7 was filed wherein the aforesaid order is passed.

(3.) Order XXXIX, Rule 3 of the Code of Civil Procedure ("the Code" for brevity) provides for a notice to be directed by the court to opposite party before granting injunction. Clauses (a) and (b) are the duties cast on the party in whose favour the court exercises discretion and grants ex parte injunction. Clauses (a) and (b) read as under: