HIRAMAN AND ANR. Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition is directed against the appellate order of the learned District Judge setting aside an order of the trial Court granting an ex parte temporary injunction and a subsequent order purporting to make the temporary injunction absolute. The learned District Judge has set aside the orders on the ground that the trial Court has not applied its mind to the necessary factors of irreparable loss and the balance of convenience before granting the unjunction.

(2.) From a perusal of the order granting the ex parte temporary injunction it appears that the trial Court expressed the view that a prima facie case had been made out for issuing an ex parte temporary injunction. Nothing more has been said. The trial Court should have examined the material on the record and should have found whether (a) the Plaintiff had succeeded in showing that a serious question fell to be tried in the suit, (b) that the Plaintiff would suffer irreparable loss in case the temporary injunction was not granted and (c) how the balance of convenience stood between the parties. An order granting temporary injunction under Order 3 9, rules 1 and 2 is open to appeal under the Code of Civil Procedure, and it is desirable that the trial Court should give clear findings when granting or refusing a temporary injunction. In the circumstances, there was justification for (setting aside the orders of the trial Court.

(3.) It is urged that the learned District Judge should have made an order remanding the case to the trial Court for considering afresh whether a temporary injunction should be granted. It is true that such a direction has not been included in the appellate order, but that direction is necessarily implied. The learned District Judge in setting aside the temporary injunction must be taken to have re -opened the proceedings initiated before the trial Court on the injunction application. The learned District Judge, it will be noted, has not dismissed the injunction application. It will now be open to the trial Court to proceed afresh.