69. Exparte Injunction

This video is about Exparte Injunction procedure and Law contemplated under code of civil procedure. we need to File application along affidavit under under Order 39 Rule 1 and 2 read with section 151 CPC seeking temporary injunction.This has to be filed along with a suit. if there is no caveat, then the court will hear the matter and if the court feels that the plaintiff has made out a prima facie case, Balance of Convenience is in his favour and if rejected hardship would be c aused to him it will allow the application exparte and grant ad-interim temporary injunction in favour of the plaintiff.
Once the injunction is granted the plaintiff is supposed to comply Order 39 Rule 3 CPC where in he has to send the copies of Application and affidavit to the person against whom injection has been granted by Registered post or courier. He has to produce it before the court along with an affidavit complying Rule 3 of order 39. 3 if not the court can cancel the injunction granted in his favour.This is a very important compliance to be made by the plaintiff after getting that expert injunction. there are two more provisions which need to be considered. one provision of law is Rule 2A of order 39 in which we have to file application for the violation of the order by the other side. Another provision of law is Order39 Rule 4 in which the plaintiff/Defendant can pray for the modification or alteration of the order or even the defendant can pray for the setting aside of the order granted against him. These are the important provisions of law with regard to the granting and setting aside of the Exparte Injunction.

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