Dhakshana Kammavar Mahajana Sangam v. V. P. S. Subbiah
2015-08-20
P.DEVADASS
body2015
DigiLaw.ai
ORDER : 1. This Civil Revision Petition arises out of grant of injunction in favour of the respondent in I.A. No. 803 of 2015 and O.S. No. 161 of 2015 on the file of learned District Munsif, Kovilpatti. The learned counsel for the revision petitioner submitted that the Trial Court has passed a non-speaking order of interim injunction. 2. The learned counsel for the petitioner also cited Indiabulls Finance Services Ltd. vs. Jubilee Plots and Housing Pvt. Ltd. 2009 4 LW 312 : 2009 (3) CTC 64 containing various principles governing grant of injunction under Order 39 Rule 1 C.P.C. 3. The learned District Munsif, Kovilpatti has extracted the petition prayer, which runs to half a page and the order of the learned District Munsif is in 2 lines, which runs as under:- "This court, doth order that ad-interim order granted as prayed for in the petition till 30.07.2015. O. 39 R. 3 C.P.C. Provision to be complied with. Injunction Notice also to be sent by 30.07.2015." 4. The learned counsel for the respondent is unable to defend the same. 5. I very much pained to note this kind of order. This kind of order should not be allowed to stand even for a minute. It is not the way of administering justice in a Civil Court. 6. A judicial order must speak for its existence. It must speak why it had been passed. It should inspire confidence of the parties. It should exhibit transparency of judicial proceedings. When an appeal is preferred, the appellate Court has to find the reasons to sustain the order. The appellate Court or any one cannot be made to search for the reasons from the impugned order. This order appears like the face of an Egyptian phoenix. It is an instance of exercising judicial discretion by non-application of mind. Injunction matters are serious in nature. While granting injunction, Court must apply its mind. It must consider prima-facie case based on the documents filed along with the plaint and also must find out that if injunction is not granted, who will suffer. Simply vomiting petition prayer and not even saying anything is not proper way of doing justice. No party should be allowed to enjoy this kind of order. 7.
It must consider prima-facie case based on the documents filed along with the plaint and also must find out that if injunction is not granted, who will suffer. Simply vomiting petition prayer and not even saying anything is not proper way of doing justice. No party should be allowed to enjoy this kind of order. 7. In the circumstances, ordered as under:- (i) The impugned order passed by the learned District Munsif, Kovilpatti on 15.07.2015 in I.A. No. 803 of 2015 in O.S. No. 161 of 2015 is set aside. (ii) I.A. No. 803 of 2015 in O.S. No. 161 of 2015 is remanded to the said Court. (iii) Both side shall appear before the said Court on 07.09.2015. (iv) Within four weeks from the date of receipt of a copy of this order, the said Court will hear both sides and pass order in accordance with law. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected M.P. (MD) No. 1 of 2015 is closed.