The order which has been vacated by the Trial Court is an ad interim order and not a temporary order on injunction which had been adjudicated upon by the Trial Court after hearing the parties in its proper perspective. Order XXXIX Rule (4) reads as under:
"4. Order for injunction may be discharged, varied or set aside.-
Any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order:
Provided that if in an application for temporary injunction or in an affidavit supporting such application a party has knowingly made a false or misleading statement in relation to a material particular and the injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is not necessary so to do in the interest of justice:
Provided further that where an order for injunction has been passed after giving a party an opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that party except where such discharge, variation or setting side has been necessitated by a change in the circumstances, or unless the Court is satisfied that the order has caused undue hardship to that party."
16. A perusal of the above would go on to show that the order of injunction may be discharged or varied or set aside by the Court on an application made thereto by any party dissatisfied with such order. The proviso further provides that if in an application for temporary injunction or in any affidavit supporting such application, a party knowingly makes a false or misleading statement in relation to a material particular whereby the temporary injunction was obtained by way of false and misleading statement and the same was granted without notice to the opposite party, the Court shall vacate the injunction. Similarly, the second proviso further provides that the injunction order can be set aside in changed circumstances or in case of causing undue hardship to a party.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-1857-2020, CR-1858-2020 and CR-1859-2020
Decided On: 03.09.2020
Ravinder and Ors. Vs. Gram Panchayat, Damla and Ors.
Hon'ble Judges/Coram:
Gurmeet Singh Sandhawalia, J.
Citation: MANU/PH/0787/2020
Print Page