Law: Civil Procedure Code (V of 1908)

Section: 1

P L D 1956 Karachi 429         Civil Procedure Code (V of 1908), O. XLIII, r. 1-Order of ad-interim injunction granted under O. XXXIX, rr. 1 and 2- Whether appealable-Sind Chief Court Rules, R. 76.   In the present case H and others filed suits against the Returning Officer, Municipal Corporation, for a permanent injunction restraining him from holding a re-poll in the election in certain wards of the Municipal Corporation area. Along with the suit applications for temporary injunction under O. XXXIX, rules 1 and 2 were also prayed for and for ad-interim injunctions pending hearing of the applications for temporary injunctions. Ad-interim injunctions were granted. The Returning Officer filed the appeals against the order granting ad-interim injunction. On a preliminary point raised by the respondents that no appeal lay against the order because it was not a final order.   Held, Per Agha, Acting C. J.-That an appeal did lie against the order, because when a Court passes an ex-parte order of injunction it is to be construed as an order passed under rule 1 or rule 2 of O. XXXIX and as such an appeal lies under O. XLIII rule 1 (r) C. P. C.   When an application is made by a party for the issue of an injunction under rule 1 or rule 2 of O. XXXIX, the court is directed by rule 3 to issue notice to the opposite party except when it considers that the delay in issuing the injunction will defeat the object of granting an "injunction. If the court finds that the object of granting an injunction will be defeated by the delay, it is authorised to pass an ex-parte order of injunction. When such an order is passed no notice to be issued to the opposite party is provided for. But the opposite party is given an opportunity under rule 4 to move the Court for the discharge, variation or setting aside of the order of injunction issued ex-parte. It follows, therefore, that when the Court passes an ex-parte order after exercising the discretion vested in it under rule 3 it passes an order under rule 1 or rule 2 and as the Court does not contemplate that notice be issued to the opposite party of the application made under rule 1 or rule 2 when…