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CPC O.39 R.1

Civil Procedure Code, 1908 (V of 1908), Order 39, Rules 1 and 2 - Ad-interim injunction  - 'delay defeats equity' - Trial Court refused to pass ad interim order of injunction simply on the ground that there was a considerable delay on the part of the plaintiffs in approaching the Court and applied the principle 'delay defeats equity' -  Although the date of the cause of action is recorded as 24th July, 2019 and the suit was filed on 14th August, 2019, the learned Judge perceived the time taken as dormant attitude of the plaintiffs as well as the delay in approaching the Court - Learned Judge has shirked his responsibility in not recording the reasons on merit and have invented a circuitous path in refusing the prayer for ex-parte ad interim order of injunction -  Cannot approve the manner in which the prayer for ex-parte ad interim order of injunction is refused by the Trial Court. (2020-8)198 PLR Important Judgements 001 (Cal.) 

 

Civil Procedure Code, 1908 (V of 1908), Order 39, Rules 1 and 2  - Ad-interim injunction  - Long dates for disposal of an application for injunction  - If the longer date is fixed for disposal of an application for injunction, it frustrates the main object of it - It is high time that the Judges should realize that the purpose of incorporating the provisions for temporary injunction is not only to protect and preserve the status of the property, but also to protect the rights pending final adjudication in the suit. On facts, Cause of action 24th July, 2019, suit filed on 14th August, 2019 – Ad interim injunction not granted  - Defendants have entered appearance in January, 2020 and contesting the application for temporary injunction -  Next date fixed in the month of August, 2020 - Direct the Trial Court to prepone the date, if approached by either of the parties.(2020-8)198 PLR Important Judgements 001 (Cal.) 

 

Judicial system – Decision making - Human intelligence cannot be equated with the artificial intelligence - It is improbable and beyond any conceivable imagination that the lawyer, who is approached by the client, will not take at least fifteen to twenty days to take a decision and institute the suit before the Court of Law - If the Judges enjoy the privilege of taking time to decision and delivering a judgement for a month after the date of closure of the argument, the lawyer may take more time or less time depending upon his knowledge, intelligence and acumen in the field to adumbrate the facts founded upon the materials and the evidence to be adduced at the time of trial - Civil Procedure Code, 1908 (V of 1908), Order 39, Rules 1 and 2  - Ad-interim injunction.   Held,  human intelligence cannot be equated with the artificial intelligence; in judicial system when an approach is made to a legal expert, he has to collate the documents and also make his own assessment on the probability of success obviously upon the application of law relating thereto. Such assessment takes time and cannot be expected to be used on a click of the bottom, as the artificial intelligence does. We are in fix and have perceived from the experiences, which we gain in the legal fraternity, and it would not be wrong to say that even after completion of the argument at the Bar considerable time are consumed by the Judges to deliver the judgement. If the Judges enjoin privilege to take time framing a decision, it is improbable and beyond any conceivable imagination that the lawyer, who is approached by the client, will not take at least fifteen to twenty days to take a decision and institute the suit before the Court of Law. It is a matter of concern that if the Judges enjoin the privilege of taking time to decision and delivering a judgement for a month after the date of closure of the argument, the lawyer may take more time or less time depending upon his knowledge, intelligence and acumen in the field to adumbrate the facts founded upon the materials and the evidence to be adduced at the time of trial.  (2020-8)198 PLR Important Judgements 001 (Cal.) 

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