Rule 3 of CPC : Rule 3: Before granting injunction, Court to direct notice to opposite party.
CPC
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Explanation using Example
Example 1:
Scenario: A property dispute between two neighbors, Mr. Sharma and Mr. Verma.
Situation: Mr. Sharma notices that Mr. Verma is constructing a wall that encroaches on his property. Mr. Sharma files a suit in the court seeking a temporary injunction to stop the construction immediately.
Application of Rule 3:
- Notice to Opposite Party: The court, before granting the injunction, directs that a notice of the application be given to Mr. Verma.
- Exception: If Mr. Sharma argues that the construction will be completed soon and the purpose of the injunction will be defeated by the delay, the court may consider granting the injunction without prior notice to Mr. Verma.
- Court's Duty: If the court decides to grant the injunction without notice, it must record the reasons for its decision.
- Applicant's Responsibility: Mr. Sharma must immediately deliver or send by registered post a copy of the application for the injunction, the supporting affidavi...
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