RADHESHYAM RATHI Vs. ROTARY CLUB

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution, the petitioner has challenged the order of the Court below dated 26.3.2013 whereby the Court below has passed the ex-parte injunction against the defendants. The matter was heard on the question of maintainability.

(2.) Shri Prashant Sharma, learned counsel for the petitioner drew the attention of this Court on Order 43 Rule 1(r). This provision reads as under:-

(3.) By placing heavy reliance on the language employed in this rule, Shri Prashant Sharma submits that there is a deliberate omission and legislature has not chosen to insert rule 3 under the purview of Order 43 Rule 1(r) C.P.C. Thus, he submits that no appeal lies when order is passed by the Court below under Order 39 Rule 3 C.P.C. In addition, he relied on the order dated 2.5.2005 passed by the Apex Court in Suresh Bhasin Vs. Ramesh Chandra and others and judgment of this Court in Gajraj Singh & Others Vs. Ram Kumar, 1993 MPLJ 52.