JUDGMENT : SANDEEP SHARMA, J. 1. By way of instant application having been filed on behalf of defendants No. 8 to 12 and 16, under the provisions of Order 39 Rule 4 read with Section 151 CPC, prayer has been made for vacation of ex parte ad interim injunction passed by this Court on 1.5.2018. Perusal of order dated 1.5.2018, passed by this Court in OMP No. 119 of 2018 (wrongly recorded as OMP No. 92 of 2018) suggests that the defendants were restrained from selling, alienating, encumbering or transferring the suit property in any manner, but such order was subject to compliance of provisions contained under Order 39 Rule 3 CPC. Averments contained in the application suggest that though applicants/defendants were served by way of summons for putting appearance on 22.5.2018 but alongwith summons neither application for stay nor copy of plaint or documents so relied upon by the plaintiff was/were supplied. Applicants-defendants No. 8 to 12 and 16 have averred that since the plaintiffs failed to comply with the provisions contained under Order 39 Rule 3 CPC, adinterim injunction granted vide order dated 1.5.2018, deserves to be vacated. 2. Factum with regard to non-compliance of provisions contained in Order 39 Rule 3 CPC stands admitted by the plaintiffs in the reply to the aforesaid application. Plaintiffs have stated that inadvertently, they failed to make compliance in terms of Order 39 Rule 3 (a) and (b) CPC and they have moved an application under Sections 148 and 151 CPC for grant of further time to make compliance of Order 39 Rule 3 (a) and (b) CPC, being OMP No. 346 of 2018. Plaintiffs have further submitted that copies of plaint, application and documents now stand delivered to the applicants alongwith notices and they have also put in appearance in the suit as such, prayer made in the present application deserves to be rejected. 3. I have heard the learned counsel for the parties and gone through the record carefully. 4. It would be profitable to extract provisions of Order 39 Rule 3 CPC here under: “3. 3. I have heard the learned counsel for the parties and gone through the record carefully. 4. It would be profitable to extract provisions of Order 39 Rule 3 CPC here under: “3. Before granting injunction, Court to direct notice to opposite party.—The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party: Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant: (a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with: (i) a copy of the affidavit filed in support of the application. (ii) a copy of the plaint. (iii) copies of documents on which the applicant, relies. (b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent..” 5. Perusal of aforesaid provision make it clear that affidavit of compliance was required to be filed by the plaintiffs specifically stating therein that after passing of order dated 1.5.2018, they have supplied requisite documents alongwith application and plaint but, in the case at hand, no such compliance has been made, as has been fairly admitted by the plaintiffs. 6. Purpose behind incorporating proviso alongwith its sub-clauses (a) and (b) is to ensure that matter is disposed of at the earliest within time framed prescribed under CPC. Apart from above, another object while incorporating this proviso appears to be that opposite party should know the purpose for which suit has been filed and what are the documents being relied upon by the plaintiff (s), as such, compliance in terms of Order 39 Rule 3 CPC is mandatory. Another contention raised by Mr. Apart from above, another object while incorporating this proviso appears to be that opposite party should know the purpose for which suit has been filed and what are the documents being relied upon by the plaintiff (s), as such, compliance in terms of Order 39 Rule 3 CPC is mandatory. Another contention raised by Mr. O.C. Sharma, learned counsel representing the plaintiffs that he has moved application under Sections 148 and 151 CPC, for enlargement of time, is also of no relevance because under Section 148 CPC, court can enlarge time, if any, fixed or granted by it for doing any act prescribed or allowed by the court but, as has been observed herein above, compliance of provisions contained in Order 39 Rule 3 (c) CPC is provided in the Code itself and as such, this Court can not enlarge time. 7. Reliance is placed upon judgment of this Court in M/S T.K. International Ltd. V/S Shri Hem Raj Chauhan &ors., Latest HLJ 2005 (HP) 371, wherein it has been held as under: “6. It is a matter of common knowledge that the proviso of Order XXXIX Rule 3 of the Code of Civil Procedure was added vide Central Act No. 104 of 1976 which came into force on and with effect from 1.2.1997. Purpose behind incorporating the proviso along with its sub-clauses (a) and (b) appears to be that the mater should be disposed of at the earliest after nearing the parties as also within the time frame prescribed under the Code of Civil Procedure. Another object while incorporating this proviso appears to be, that the opposite party could know for what suit was filed against it and what are the documents being relied by the plaintiff. this seems to avoid unnecessary delay.” 8. Consequently, in view of above, present application is allowed. Ad-interim order dated 1.5.2018 passed in OMP No. 119 of 2018 (wrongly recorded as OMP No. 92 of 2018), is vacated. Plaintiffs are at liberty to move a fresh application for the purpose, if so required and desired.