- (1.) This revisional application is directed against an order dated May 18, 2015 passed the learned Civil Judge (Senior Division), 1st Court, Howrah in Title Suit No. 215 of 2015, by which an application under Section 151 of the Code of Civil Procedure seeking implementation of the ex parte ad interim order of injunction through police help is allowed. At the very outset this Court must record that the approach of the Trial Court in disposing of such an application ex parte is not proper. The fact remains that the petitioners are suffering an ex parte order of injunction, which is still operative. So long the order of injunction is subsisting, the petitioners cannot be allowed to take the law in their own hands and seek the blessings of the Court even after acting in violation thereof. Mr. Basu Chowdhury, learned advocate appearing for the petitioners, submits, on instruction, that his clients never intended to violate the order of injunction and have all respect to the majesty of the Court.
(2.) It appears that the ex parte ad interim order of injunction was passed by the Trial Court restraining the petitioners from dispossessing the plaintiffs/opposite parties from the suit premises. In the impugned order the Court not only varied the order of injunction but also passed a further order of injunction restraining the petitioners from changing the nature and character of the suit premises. According to Mr. Haradhan Banerjee, learned advocate appearing for the plaintiffs/opposite parties, the Court never passed an order of injunction in such form, but it is a mere observation, which was made to enable the Court to dispose of the said application under Section 151 of the Code of Civil Procedure. I am not agreeing to accept the aforesaid submission. The ex parte ad interim order of injunction has been interpreted by the Trial Court under Section 151 of the Code in such a manner, which amounts to varying or modifying the original ex parte order of injunction. The Court should not vary or modify the order of injunction suo motu, more particularly at the time of determining the application under Section 151 of the Code for implementation of an order of injunction. Furthermore it appears that the Court proceeded to dispose of an application under Section 151 of the Code ex parte without affording an opportunity to the petitioners to contest the same. The aforesaid approach is not only violative of principles of natural justice, but also condemned the petitioners before being heard.
(3.) This Court, therefore, set aside the impugned order. Since the petitioners have unequivocally submitted before this Court that there is no attempt on their part to violate the ex parte ad interim order of injunction nor the same shall be violated, this Court, therefore, does not feel it necessary to direct the concerned police officer to see that the ex parte ad interim order of injunction is respected, obeyed and observed by the petitioners. Since the application under Section 151 of the Code of Civil Procedure is decided ex parte, this Court permits the petitioners to file written objection to the said application by Monday, i.e. 23rd November, 2015. Reply thereto, if any, shall be filed within two days thereafter.;