Babar Mian. Vs. State of U.P.

[k.t. thomas and; r.p. sethi, jj.] - civil procedure code (cpc) - sections 104 - order 39, rules 1, 2, 2a, 3a, 4 and 10 - order 43, rule 1; constitution of india - article 227 - orders from which appeal lies -- when a plaintiff rushed to the civil court for an ex-parte interimorder of injunction against some of the defendants and obtained it, those defendants rushed to the high court to get that order quashed. appellant-plaintiff filed the suit on 25.6.1999 for a decree of permanent injunction restraining defendant nos.1 to 5 from dispossessing him. documents perused. ad interim injunction till then. order 39 rule 3 to be complied with. after holding thus learned single judge directed the trial court to take up the interlocutory application for injunction and pass orders on merits and in accordance with law expeditiously. order 43 rule 1 says that: an appeal shall lie from the following orders under the provisions of section 104 namely. an order under rule 1, rule 2, rule 2a, rule 4 or rule 10 of order 39. the choice is for the party affected by the order either to move the appellate court or to approach the same court which passed the ex parte order for any relief. learned senior counsel for the respondents then contended that an order granting injunction without complying with the requisites envisaged in rule 3 of order 39 be void. learned single judge stated that the trial court ought not to have granted ex parte injunction beyond thirty days to be in force. the aforesaid rule casts a three-pronged protection to the party against whom the ex parte injunction order was passed. second is the legal obligation that 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 thereof in writing......court below vide its order dated 13.05.2010. it is next contended by learned counsel for the applicant that p.w.6 in his statement has stated that he is not aware about the whereabouts of the maruti car and therefore it is necessary to cross examine him.4. after hearing the learned counsel for the applicant, learned a.g.a. and after perusing the averments made in the present application as well as order impugned, this court is of the opinion that one last opportunity is given to the applicant to cross examine the p.w.6 within a specific time.5. accordingly, the order impugned dated 13.05.2010 is hereby set aside. it is directed that the applicant shall move appropriate application before the concerned court below within 15 days from today along with certified copy of this order and the court below shall pass an appropriate order within a period of one month thereafter, for providing one last opportunity for examining p.w.6. it is provided that the applicant will only be permitted to ask those two questions as specified in his application dated 13.05.2010, copy of which is annexed as annexure-4 to the petition for which the court below shall fix a particular date and if such an opportunity is not availed by the applicant, no further opportunity shall be given to the applicant. it is further provided, that the applicant shall pay the expenses which may be fixed by the court. with the aforesaid directions this petition is finally disposed off.