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A. VENKATASUBBIAH NAIDU vs. S. CHELLAPPAN AND ORS.

SCR Citation: [2000] Supp. (3) S.C.R. 303
Year/Volume: 2000/ Supp. (3)
Date of Judgment: 19 September 2000
Petitioner: A. Venkatasubbiah Naidu
Disposal Nature: Appeal Disposed Off
Neutral Citation: 2000 INSC 450
Judgment Delivered by: Hon'ble Mr. Justice K.T. Thomas
Respondent: S. Chellappan And Ors.
Case Type: CIVIL APPEAL /5102/2000
Order/Judgment: Judgment
1. Headnote

Code of Civil Procedure, 1908 : 

Order 39, Rules 1, 2 and 3-Trial court granting interim ex parte injunction order without recording reasons and requiring applicant to perform duties as laid down in proviso to Rule 3-Consequence thereof-Held, injunction order deemed to contain such requirements by implication and the appellant should perform the duties.

Order 39, Rule 3A-Section 104, Order 43, Rule 1-Trial court failing to pass final orders within 30 days-Held, the injunction order is deemed to be the final order on the date of expiry of 30 days and the aggrieved party is entitled to right of appeal.

Section 104, Order 43, Rule 1-High Court entertaining revision petition - when there were alternate remedies-Whether correct-Held, High Court should have directed the parties to avail the alternate remedies and should not have entertained the revision petition-Constitution of India-Article 227. 

 




2. Case referred
3. Act
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4. Keyword
  • interim ex parte injunction order