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Under Order XXXIX rule 3A of the Code of Civil Procedure, 1908, if a court grants a temporary…

Order XXXIX rule 3A requires the court to endeavour to dispose of the application within thirty days from the date the injunction was granted without notice. If unable to do…

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Under Order XXXIX rule 3A of the Code of Civil Procedure, 1908, if a court grants a temporary injunction without notice to the opposite party, from which event does the thirty-day period for endeavouring to dispose of the application run?

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Answer and explanation

Correct answer B

Order XXXIX rule 3A requires the court to endeavour to dispose of the application within thirty days from the date the injunction was granted without notice. If unable to do so, the court must record reasons. The rule does not prescribe automatic expiry of the injunction after thirty days.

Option feedback

Option A

The period does not start when the application was filed.

Option B

Rule 3A counts thirty days from grant of the injunction.

Option C

Service does not start this period.

Option D

Appearance of the opposite party is not the starting event.

Option E

The date of grant is offered.

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