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Report No. 58

Recommendation in Report on C.P.C.

4.17. It may, at this stage, be useful to mention that, in our Report-1 on the Code of Civil Procedure, the following recommendations were made for amendment of the provisions of that Code as to the issue of temporary injunctions-provisions mainly contained in Order 39 of the First Schedule to that Code:-

(i) The following proViso should be inserted below Order 39, rule 3-

"Provided that where an injunction has been granted without notice to the opposite party-

(a) the period for which it shall be in force as initially fixed shall not exceed one month;

(b) hearing of the application for injunction shall, as far as practicable, be finished within one month; and

(c) if it becomes absolutely necessary to extend the period for which the injunction is to remain in force, the extension shall not exceed fifteen days, except with the consent of the opposite party:

Provided further that where an injunction is granted on the plaintiff's application without notice to the :opposite party, the court shall, before granting it, require the plaintiff to file an affidavit stating that a copy of each of the following documents has been served on the opposite party by delivery to him, or where such service is not practicable, by sending it to him by registered post

(a) the plaint,

(b) the documents on which the plaintiff relies,

(c) the application for injunction, and

(d) the affidavit or other documents on which the applicant relies:

Provided further that if a party, in an application for temporary injunction or in the supporting affidavit, has knowingly made a false or misleading statement on a material particular, and the injunction was granted without notice, the court shall vacate the injunction unless, for reasons to be recorded, it considers it just not to do so:

Provided further that where an order for injunction has been passed after giving a party an opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that party, unless there has been a change of circumstances, or, unless the court is satisfied that the order has caused undue hardship to that party."

1. 54th Report (Code of Civil Procedure), para. 39.18.

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