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Showing posts from September 5, 2023

HSC English First Paper English For Today - Unit 7 Lesson 1 Brojen Das

Question Answer on Ad interim or Temporary Injunction

Question Answer on Ad interim or Temporary Injunction Question: 'No order of ad interim or temporary injunction without hearing the opposite party is permissible'- how shall you evaluate this proposition in the light of the Code of Civil Procedure? Answer: The provision of temporary injunction without the hearing of the other party: 'No order of ad interim or temporary injunction without hearing of the opposite party is permissible'- the provision has been discussed in rule 5A of order 39 of the Code of Civil Procedure. Such provision is necessary for the interest of justice. Because, if an order of injunction has been made without hearing of the other party, that prejudices the rights of the parties of the suit. The provision of rule 5A of order 39 is discussed below: Court shall not, without serving reasonable notice to the Government Pleader and giving him or any Pleader authorised by him in that behalf an opportunity of being heard, pass ex parte any order of ad in...