In Brief
A company sought to enforce a 2015 agreement to sell land by obtaining an ex parte injunction from the trial court. The High Court set aside the injunction, holding that the suit was time-barred, lacked merit, and the trial court had not recorded the mandatory reasons required by Order 39 Rule 3 CPC. The Supreme Court clarified that the proviso to Order 39 Rule 3 is mandatory: courts must record reasons for ex parte injunctions and applicants must comply with procedural requirements. However, since the trial court was scheduled to hear both parties the next day, the Supreme Court allowed it to decide the injunction application afresh on merits without being bound by the High Court's observations.
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