Case Law Analysis
|Calcutta High Court
Order XXXIX Rule 4 CPC Proviso Applies Only to Contested Injunctions, Not Ex Parte Orders: Calcutta HC
Calcutta High Court clarifies that the proviso under Order XXXIX Rule 4 CPC, allowing modification/vacation of injunctions, applies exclusively to orders passed after contest-not ex parte injunctions. The ruling sets aside a trial court order for misapplying the law, reinforcing procedural fairness in property disputes where status quo orders risk undue hardship.