NIKESH Vs. MALATHI BAI

JUDGEMENT

(1.) This revision is filed against the order passed in I.A. No.1084 of 1988 in I.A. No.484 of 1988 in O.S. No.2789 of 1988 on the 61e of the Sixth Assistant Judge, City Civil Court, Hyderabad. The respondents herein are the plaintiffs. They obtained ex parte injunction against the petitioner herein. The case of the petitioner is that after obtaining the ex parte injunction they have not complied with the mandatory provisions of the Order 39 Rule 3 C.P.C. Therefore the injunction granted should be vacated. This plea was negatived by the lower Court.

(2.) Aggrieved by the said order the present revision is filed.

(3.) When the exparte injunction is granted, the condition laid down in proviso to Rule 3 of Order 39 C.P.C. has to be strictly complied with. The party obtaining the injunction is required 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 (i) a copy of the affidavit filed in support of the application; (ii) a copy of the plaint and, (iii) copies of documents on which the applicant relies and; (b) 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.