# 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-163145
- **Pages:** 3

## 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
152
I am directed to say that in the following decisions important guidelines have
been laid down by their Lordships of the Supreme Court of India and this court regarding
grant of interim injunctions, both ex-parte as well as final. At the ex-parte stage the
assistance of a learned Advocate is not available. Some interim orders are capable of
causing incalculable harm. It is, therefore, of utmost importance that the members of the
subordinate judiciary should be aware of the law on the subject.
You are, therefore, requested to bring the following decisions to the notice of the
officers posted under you:-
1.
Assistant Collector of Central Excise v. Dunlop India Ltd., AIR 1985 SC
330 (particularly paras 1, 5 & 7)
2.
The National Textile Corporation v. Swadeshi Cotton Mills Co Ltd., 1987
ALJ 1266 (DB)
3.
 Road Flying Carrier v. The General Electric Company of India, AIR
1990 All 134.
Revision against the interlocutory orders or against the issuance of notice of an
application filed under Order XXXIX rule 1 and 2 of Code of Civil Procedure.
C.L. No. 22- 12006: Admin 'G': Dated: 29.05.2006
While deciding Writ Petition No.1609 (M/S) of 2006-Cantonment Board and
another Vs. District Judge, Lucknow (Incharge) and others, the Hon'ble Court (Hon'ble
Mr. Justice Devi Prasad Singh) has noticed that the District Judges are entraining
revisions filed against interlocutory orders issuing notices for affording opportunity of
hearing to the other side before passing an injunction order under Order XXXIX rule 1
and 2 of the Code of Civil Procedure.
The Hon'ble Court has further noticed that "sometime after issuing notice on an
application filed by the plaintiff under Order XXXIV Rule 1 and 2 of the Code of Civil
Procedure matters are being kept pending by the trial Courts for sufficiently long period
resulting in serious miscarriage of justice".
Therefore, while enclosing herewith a copy of judgment dated 27.4.2006 passed
in above mentioned writ petition, I am directed to request you to communicate the
judgment to all the Judicial Officers posted in the judgeship under your administrative
control for their guidance and compliance.
Granting of interim as well as final injunctions
C.L. No. 71/2007Admn.(G). Allahabad Dated: 13.12..2007.
The Hon'ble Court has noticed that the subordinate Courts are not making
compliance of directions issued through the Circular Letter no. 50/VII-d-10/Admin.(G2)dated September 6th 1993 wherein certain guide lines were given for the Presiding
Officers to be kept in mind while dealing with granting interim injunctions and final
injunctions ,

Therefore, While enclosing a copy of the above mentioned Circular Letter , I am
directed to request you to kindly impress upon all the judicial Officers working under
your administrative control to make compliance of the above directions in letter and spirit
.
153
Issuing summons/notices to the Department concerned against the accused persons
involved in Petty Offences.
C. L. No. 61/2007Admin(G): Dated :13.12.2007.

The Hon'ble Court has noticed that a long delay in disposal of Petty Criminal
Cases pertaining to Municipal Challans, Police Challans, Traffic Challans, Challans under
Weights and Measurements Act and Forest Act etc. is taking place due to the Challaning
Authorities not providing correct address of the accused in the Challans submitted before
the Courts which results in services of notices/summons on them not being affected.

Therefore, I am directed to say that the Court concerned shall send
summons/notices of all such accused persons to the Department concerned to be served
upon them.

 I am further to add that to kindly bring the contents of this Circular Letter to the
notice of all the Judicial Officers working under your administrative control and to
impress upon them to ensure compliance of the above directions of Hon'ble Court in letter
and spirit .
(ii) Grant of stay in cases where merely Appeal, Revision or writ petition
preferred.
C.L. No. 6/Admn.'G' dated 8 February, 1995
The Hon'ble Chief Justice and Judges have been pleased to direct that all Judicial
Officers may be advised that mere filing of an appeal, revision or even a writ petition
against an order or judgment does not, by itself, constitute any valid or justifiable ground
to stay the operation thereof. In other words, unless the implementation of the impugned
order or judgment is stayed by the competent court, it must be given effect to and carried
out.
Disregard of these directions cannot but invite serious adverse note.
Stay of proceedings in the cases pending before the trial court
C.L. No. 40/2006, dated 19.9.2006
With reference to the above subject, I am directed to request you that bemoaning
the interminable stay in proceedings to be prominent causes of docket explosion it have
been resolved in the Chief Justices' Conference, 2006 that a mechanism needs to be
evolved to contain this menace.
Therefore, I am directed to request you to kindly impress upon all the Judicial
Officers in your Judgeship to take necessary steps for vacation of stay in proceedings
pending before the Trial Court at the end of six months. However the stay in proceedings
could be extended on the basis of adequate and special reasons in writing and the same is
to be recorded in the concerned file of the case,
I am further directed to request you to kindly bring the contents of the circular
letter to the notice of all the Judicial Offi8cers is the judgeship for their guidance and
strict compliance.
(iii)
Proforma regarding continuance of Stay Orders granted by the Hon'ble
High Court.
C.L. No. 47/IVf-5/Admn.(Inspection) Section, dated 13 December, 1995