Party can have right of appeal against injunction -- SC

Party can have right of appeal against injunction -- SC
PRESS TRUST OF INDIA

NEW DELHI, SEPT 19: In a major judgement concerning civil cases, the Supreme Court today ruled that a litigant had the right to appeal against an ex-parte interim injunction order passed by the court if it did not finally dispose of the stay application within 30 days of making the order.

This ruling came in a case where the question of law was what should be the course open for a litigant against whom an ex-parte injunction was granted by a civil court but the same court did not finally dispose of the stay application within one month of passing the injunction order.

A Bench comprising Justices K T Thomas and R P Sethi said Order 39 Rule 3-A of Civil Procedure Code provided protection to a party against whom an ex-parte injunction has been passed.

"First, the court shall make an endeavour to finally dispose of the application of injunction within the period of thirty days and second, if for any valid reasons the court could not finally dispose of the application within the aforesaid time, the court has to record the reasons," it said.

Justice Thomas, writing the judgement for the Bench, said the problem would arise if a court did not do either of the courses provided under the law.

"So we are of the view that in a case where the mandate of Order 39 Rule 3A of the Code is flouted, the aggrieved party, shall be entitled to the right of appeal notwithstanding the pendency of the application for grant or vacation of a temporary injunction, against the order remaining in force," he said.