Read Order: Gurmukh Singh v. Jagmohan Singh and another

Monika Rahar

Chandigarh, June 14, 2022:  While asking the Trial Court to decide the application filed under Order 39 Rule 1 & 2 of the Code of Civil Procedure, the Punjab & Haryana High Court has opined that Order 39 Rule 3 CPC mandates the delivery of the complete copy of the paper book by registered post to the opposite party when an ex parte interim temporary injunction is granted in favour of the appellant.

Since the plaintiff did not forward the complete paper book, the Bench of Justice Anil Kshetarpal held, “… the ends of justice would be met, if the trial court is requested to decide the application filed under Order 39 Rule 1 & 2 CPC after ensuring compliance of provisions of Order 39 Rule 3 CPC.”

The plaintiff in a suit filed under Section 27, 29, 134 and 135 of the Trade Marks Act, 1999 read with Section 51 and 55 of the Copyright Act, 1957, assailed the correctness of an interlocutory order passed by the Additional Sessions Judge, Ludhiana, while vacating the interim order on the ground that the plaintiff failed to comply with the interim order under Order 39 Rule 3 CPC.

Order 39 Rule 3 CPC mandates the delivery of the complete copy of the paper book by registered post to the opposite party when an exparte interim temporary injunction is granted in favour of the appellant., noted the Bench.

In the present case, the Court found that the plaintiff did not forward the complete paper book including copy of the application for injunction, copy of affidavit filed in support of the application, copy of the plaint and copies of the documents on which the applicant relied upon.

Thus, in this light, the Court opined that the ends of justice would be met, if the trial court was requested to decide the application file under Order 39 Rule 1 & 2 CPC after ensuring compliance of provisions of Order 39 Rule 3 CPC. The Court also noted here that the application under Order 39 Rule 1 & 2 CPC was still not decided on merits.

In view thereof, the revision petition was disposed of and the trial Court was requested to decide the application filed under Order 39 Rule 1 & 2 CPC, in a time bound manner. 

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