Mandatory service under Order XXXIX Rule 3 CPC requires complete compliance before an ex parte injunction can stand.

Order XXXIX Rule 3 CPC makes prompt service of the injunction application, supporting affidavit, plaint, relied-upon documents, and an affidavit of compliance mandatory after an ex parte injunction is granted. Where the record shows that the complete set of pleadings and documents was not served, and the claimed compliance is not borne out by the Registry record, the ex parte injunction cannot be sustained. On that basis, the interim injunction was rightly vacated for non-compliance with the procedural requirement.

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Issues: Whether the ex parte interim injunction was liable to be vacated for non-compliance with the mandatory requirements of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908.

Analysis: Order XXXIX Rule 3 requires the applicant, immediately after obtaining an ex parte injunction, to deliver or send by registered post to the opposite party a copy of the injunction application, supporting affidavit, plaint, and relied-upon documents, together with an affidavit of compliance. The requirement is mandatory. The material on record showed that the complete set of pleadings and documents was not sent, and the asserted compliance was not supported by the Registry record. In such circumstances, the ex parte order could not be sustained.

Conclusion: The ex parte interim injunction was rightly vacated for non-compliance with the mandatory procedural requirement.

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