Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XXXIX, R. 3, first proviso---Injunction, grant of---Requirement of prior notice---Nature-Audi alterem partem, principle of---Provision of O.XXXIX, R.3, C.P.C. provided the principle of audi alteram partem which was not rigid but flexible as the operative part of the said Rule which required issuance of notice before granting injunction was relaxed in the first proviso to R.3 of O.XXXIX, C.P.C. and strict adherence to issuance of notice before exercise of authority to issue injunctive order could not be pressed into service. Ata Muhammad Qureshi v. Settlement Commissioner, Lahore and others PLD 1971 SC 61 distinguished. (b) Civil Procedure Code (V of 1908)----- ----O. XXXIX, R. 3, first proviso---Injunction, grant of--Requirement of prior Notice---First proviso to R.3 of O.XXXIX, C.P.C. had relaxed the requirement of issuance of prior notice, before injunctive order, where it appeared to the Court that object of grant of injunction would be defeated by the delay while exercising such power. Maulvi Abdul Muzaffar and others v. Sasanka Shekhar Gupta and others PLD 1966 Dacca 468 and Dr. Ahad Ali Khan and others v. Inayatullah Maudal and others PLD 1964 Dacca 624 ref. (c) Civil Procedure Code (V of 1908)----- ----O. XXXIX, R. 3, Ss. 129 & 131---Sindh Chief Court Rules (O.S.), R.76--Order XXXIX, C.P.C. was a complete Code in itself---High Court, in exercise of its original jurisdiction, may pass ex parte injunction order without notice to the other party provided the case falls out of the purview of exception contained in first proviso to R.3, O.XXXIX, C.P.C. Sindh Madrassatul Islam Board Society v. Shamim 1982 CLC 2242 ref. (d) Civil Procedure Code (V of 1908)---------- ----O. XXXIX, R. 3, proviso---Object of O.XXXIX, R.3, first proviso, C.P.C. was to give relief against ex parte orders passed under O.XXXIX, R.3, C.P.C. or when it was necessary, on account of subsequent change in circumstances, to vary or modify or set aside an interim order which had become final. Sindh Madrassatul Islam Board Society v. Shamim 1982 CLC 2242 ref. (e) Appeal (civil) -- -----High Court appeal---Interim order, its scope and…

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