Case Note & Summary
The appellant, Hinduja Renewables Two Private Limited, was the defendant No.6 in OS No.225/2021 pending before the Senior Civil Judge and JMFC, Sindhanur. The respondents, legal heirs of late Malleshgouda and others, filed the suit seeking various reliefs including injunction. The appellant filed an application (IA No.5) under Order VII Rule 11 CPC for rejection of the plaint. The Trial Court, by order dated 14.01.2022, granted an ex parte ad interim order of injunction in favor of the plaintiffs without recording reasons and without considering the appellant's application for rejection of plaint. Aggrieved, the appellant filed this appeal under Section 43 Rule 1 CPC. The High Court held that the Trial Court erred in granting ex parte injunction without assigning reasons and without considering the maintainability of the application for rejection of plaint. The Court set aside the impugned order and remanded the matter back to the Trial Court for fresh consideration of IA No.5 and the injunction application in accordance with law.
Headnote
A) Civil Procedure Code - Ex parte Interim Injunction - Order XXXIX Rule 1 and 2 CPC - Grant of ex parte injunction without recording reasons and without considering defendant's application for rejection of plaint - Held that the Trial Court erred in granting ex parte injunction without assigning reasons and without considering the maintainability of the application for rejection of plaint under Order VII Rule 11 CPC (Paras 1-10). B) Civil Procedure Code - Rejection of Plaint - Order VII Rule 11 CPC - Maintainability at interim stage - Held that an application for rejection of plaint can be filed at any stage of the suit and the Trial Court ought to have considered it before granting interim relief (Paras 5-8). C) Civil Procedure Code - Ex parte Injunction - Order XXXIX Rule 3 CPC - Requirement of recording reasons - Held that the Trial Court failed to comply with the mandatory requirement of recording reasons for granting ex parte injunction (Para 9).
Issue of Consideration
Whether the Trial Court was justified in granting an ex parte ad interim order of injunction without recording reasons and without considering the maintainability of the application for rejection of plaint filed by the defendant.
Final Decision
The appeal is allowed. The impugned order dated 14.01.2022 passed on IA No.5 in OS No.225/2021 by the Senior Civil Judge and JMFC, Sindhanur, is set aside. The matter is remanded back to the Trial Court for fresh consideration of IA No.5 and the application for injunction in accordance with law.
Law Points
- Order VI Rule 17 CPC
- Order VII Rule 11 CPC
- Order XXXIX Rule 1 and 2 CPC
- Section 151 CPC
- Ex parte interim injunction
- Rejection of plaint
- Maintainability of application for rejection of plaint at interim stage
- Prima facie case
- Balance of convenience
- Irreparable injury
