# The granting of an interim injunction, whether ex parte or not is a judicial matter

- **Citation:** C.L. No. 51/VIId-95
- **Court:** Allahabad High Court
- **Decided:** 1993-09-06
- **Case number:** C.L. No. 51/VIId-95
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-granting-of-an-interim-injunction-whether-ex-parte-or-not-is-a-judicial-163143
- **Pages:** 1

## Text

151
G.L. No. 33 dated 12 May, 1955

The granting of an interim injunction, whether ex parte or not is a judicial matter.
But where the Government or a local body have appointed a standing counsel, the courts
may consider the desirability of disposing of the application the same day or within, say a
couple of days after giving notice to the standing counsel.
C.L. No. 51/VIId-95 dated 5th May, 1972

Instruction issued by the Court in its C.L. No. 69 dated 11th May, 1971 and G.L.
No. 3323/27, dated 25th July, 1925, regarding grant of injunction should be strictly
followed and it should specially be borne in mind that injunction should not be granted in
defective cases or in cases in which no notice under section 80 C.P.C. has been given.
C.L. No. 154/VII d-95 dated 10th October, 1977 and
C.L. No. 184/VII d-95 dated 9th December, 1977

While dealing with appeals from orders granting or refusing temporary
injunctions, if it is found that the trial judges have exercised their discretion arbitrarily or
frivolously in granting or refusing temporary injunctions, the same may be brought to the
notice of the respective Administrative Judge within a month from the disposal of such
appeals.
C.L. No. 144/VIII g-38 Admn. ̳G' dated 19 December, 1979
The Presiding Officers should arrange cases in their diary in such a way that
priority may be given to those cases in which stay orders or injunctions have been issued
by their own courts.
C.L. 86/VIId-98-Admn. (G) dated 24th November, 1984
All the Presiding Officers should strictly comply with the provisions of Rule 1(3)
and Rule 5(3)(c) of the Order XLI and Rule 8(h) of the Order XXVII C.P.C. while
deciding suits relating to money matters, and while granting stay of execution of an
appealable decree and depositing of security etc., in such suits.
C.L. No. 104/IVh-36 dated 16th June, 1976

Making of vague orders on temporary injunction such as saying that the status
quo be maintained, should be avoided. Temporary injunction orders should be express
and specific to the utmost possible extent. The order for interim injunction even where
ex-parte, should ordinarily contain brief indication of the rationale for the order, so as to
ensure that there has been an application of mind. Speaking order should not normally be
passed where the injunction is refused. Security should invariably be taken even while
giving an ex-parte order.

Ex- parte interim injunction should be made time bound. Final order should be
passed within a month and extension, if necessary should not be for more than a fortnight
with the consent of the opposite party.
(i)
Grant or interim injunction both ex-parte as well as final by the Subordinate
Courts.
C.L. No. 50/VIId-10/Admn.(G-2), dated September 6, 1993