Order XXXIX Rule 3-A of CPC, which reads as under: “3-A. Court to dispose of application for injunction within thirty days – Else be considered as refusal to excercise jurisdiction

https://freelegalconsultancy.blogspot.com/2020/09/order-xxxix-rule-3-of-cpc-which-reads.html

Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.”

The Courts are expected to dispose of Interlocutory Applications within one month, if an interim injunction is granted as per Order XXXIX Rule 3-A of CPC.

In this matter, the trial Court having jurisdiction to entertain the application and dispose of the same within one month, has not followed the provision under Order XXXIX Rule 3-A of CPC, and dispose of the same within stipulated time. Therefore, it has refused to exercise its jurisdiction. Hence, the trial Court can be directed to dispose of the application expeditiously by following the provision under Order XXXIX Rule 3-A of CPC.