Discuss the power of court to grant interlocutory injunction under Rule 3 of Order XXXIX of the Civil Procedure Code, 1908.

Question: Discuss the power of court to grant interlocutory injunction under Rule 3 of Order XXXIX of the Civil Procedure Code, 1908. [HPJS 2019]

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Answer

Order XXXIX of the Civil Procedure Code, 1908 (CPC) deals with temporary injunctions and interlocutory orders. Rule 3 specifically lays down the procedural safeguards that a court must follow when granting an interlocutory injunction.

In Agi Logistics Inc. & Anr. v. Sher Jang Bahadur & Anr. (2009), the Delhi High Court vacated an ex parte ad interim injunction due to non-compliance with Order XXXIX Rule 3 CPC. The plaintiffs failed to serve the defendants with a copy of the plaint, affidavits, and documents within the stipulated time. The court emphasized that strict adherence to Rule 3 is mandatory, as it ensures the defendant is informed and can seek modification of the injunction. Relying on Shiv Kumar Chadha v. MCD (1993), the court reiterated that failure to comply with procedural requirements leads to the vacation of the injunction order

1. Purpose of Rule 3

Rule 3 is designed to ensure that the defendant is not unfairly restrained without being given an opportunity to present their case, except in exceptional circumstances.

2. General Rule: Notice to the Opposite Party

As per Order XXXIX, Rule 3 of CPC, a court shall not grant an ex parte temporary injunction unless the opposite party has been given notice of the application and has been heard. The principle behind this rule is rooted in natural justice, ensuring that the defendant is aware of the proceedings and has the opportunity to contest the claim before an injunction is issued.

3. Exception: Grant of Ex Parte Injunction

The court has the power to grant an ex parte injunction (without notice to the opposite party) if it is satisfied that:

• Delay in granting the injunction would defeat the very purpose of the injunction, and
• Giving notice to the opposite party would cause irreparable harm to the applicant.
• In such cases, the court must record reasons in writing explaining why notice was not served before granting the injunction.

4. Mandatory Compliance under Rule 3

When an ex parte injunction is granted, Rule 3 further mandates that:

• The court must record reasons in writing for granting such an order.
• The plaintiff must send copies of the application, affidavit, and injunction order to the defendant immediately.
• The plaintiff must file an affidavit within the prescribed time stating compliance with this requirement.
• Failure to comply with these procedural safeguards can result in a vacation of the injunction order.

The power to grant an interlocutory injunction under Order XXXIX, Rule 3 of the CPC is discretionary and must be exercised with caution. The courts generally follow the principles of natural justice and only grant ex parte injunctions in exceptional cases where delay would cause irreparable harm. The requirement of recording reasons in writing acts as a safeguard against the misuse of this power.

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