Mandatory post-injunction disclosure under Order XXXIX Rule 3 CPC: incomplete service justifies vacation of ex parte restraint.

Compliance with Order XXXIX Rule 3 CPC is mandatory after an ex parte ad interim injunction is granted: the applicant must deliver or send the application, supporting affidavit, plaint and relied-upon documents, and file proof of compliance. Partial dispatch of notices without the complete set of papers does not satisfy the rule, because the opposite party must receive full material promptly to seek variation of the restraint. Non-compliance vitiates continuation of the injunction, and the ex parte ad interim injunction was vacated.

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Issues: Whether non-compliance with the requirement of delivering or sending the complete set of papers under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 after grant of an ex parte ad interim injunction warranted vacation of the injunction.

Analysis: The provision required the applicant, where an ex parte injunction is granted, to deliver or send by registered post the application, supporting affidavit, plaint and relied-upon documents, and to file an affidavit of compliance. The order treated this requirement as mandatory and held that partial dispatch of notices without the complete papers did not satisfy the rule. The reasoning emphasized that the opposite party must receive the full material promptly so that it can seek variation of the interim restraint at the earliest. The Court relied on the settled view that when a statute prescribes a particular mode of doing a thing, it must be done in that manner or not at all.

Conclusion: The failure to comply with Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 justified vacation of the ex parte ad interim injunction, and the application seeking such vacation was allowed.

Ratio Decidendi: Compliance with the mandatory post-injunction disclosure and service requirements under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 is essential for maintaining an ex parte ad interim injunction; non-compliance vitiates the continuance of the restraint.

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