Tuesday, October 3, 2023

When an exparte ad-interim injunction is granted, plaintiff has to immediately serve every document filed by him on the basis of which he had obtained the injunction order to the respondent.

A. Civil Procedure Code, 1908, Order 39, Rule 3 - Civil Rules of Practice, 1990, Rule 7 - General Clauses Act, 1897 Section 27
When an exparte ad-interim injunction is granted, plaintiff has to immediately serve every document filed by hin on the basis of which he had obtained the injunction order to the respondent - Such service of notice along with documents can be affected in two methods - Firstly by delivering it to the opposite party - Secondly, by sending notice through registered post - Under the first method of delivery, there should necessarily be actual delivery on the same day - Under the second method, it can be understood that delivery on the same day is not possible, the proof of dispatch through registered post to the opposite party by sending notice to the proper address by paying requisite charges, has to be treated as delivery.

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