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2014 DIGILAW 1427 (AP)

Shaik Sanaulla v. D. Suresh Kumar

2014-11-26

B.CHANDRA KUMAR

body2014
ORDER 1. This CRP has been filed questioning the action of the lower Court in not numbering the suit filed for injunction in CFR No. 10348 of 2014. 2. The contention of the petitioner is that he filed the suit for injunction and the lower Court except assigning CFR No. 10348 of 2014 did not take any steps either to register the suit or to give any interim directions in the interlocutory application. 3. Order 39 Rule 1 CPC is as follows. 1. Cases in which temporary injunction may be granted.- Where in any suit it is proved by affidavit or otherwise- (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors, (c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the Court thinks fit, until the disposal of the suit or until further orders." 4. The above referred provision enables the Court to grant temporary injunction even without issuing notice to the respondents. The above provision has been made with an intention to preserve the property as it is. When any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or where the defendant threatens or intends to remove or dispose of his property with a view to defrauding his creditors or where the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may grant a temporary injunction. Of course, the plaintiff has to establish prima facie case. It becomes the duty of the Courts to examine whether there is any urgency in the matter or not. Of course, the plaintiff has to establish prima facie case. It becomes the duty of the Courts to examine whether there is any urgency in the matter or not. The Courts should go through the averments made by the party in the supporting affidavit and also the pleadings and documents filed in support of the case of the plaintiff. When a prima facie case is made out, the Courts must grant temporary injunction and see that the plaintiff is not dispossessed in the meanwhile. The urgency of passing of orders under Order 39 Rule 1 CPC should be kept in mind. Even where the Court is not inclined to grant temporary injunction or decides to issue urgent notice in that case also the Court should issue urgent notice and post the matter to a shortest date. The Court should examine what is the reasonable time required to serve the notice upon the respondents. Where the plaintiff undertakes to serve the notice within two or three days, the matter need not be adjourned to a longer date. It can be posted within four days or a week. When there is urgency in the matter the attitude of the Courts in posting the matter to a longer date, in fact defeat the purpose of Order 39 Rule 1 CPC. 5. The Courts have to examine whether the suit is in order or not. If there are any defects, the plaint should be returned with objections for representation. If there are no defects, the suit has to be registered as early as possible. In the above circumstances, the lower Court is directed to verify the plaint and the papers filed along with the plaint and if it is in order to register the same within a period of three days from the date of receipt of a copy of this order and immediately hear the interlocutory applications and pass appropriate orders in accordance with law. 6. With the above observations, the CRP is disposed of at the stage of admission. However, in the circumstances, no costs. 7. As a sequel, the miscellaneous petitions, if any, pending in this CRP shall stand closed. Disposed off.