JUDGMENT
S.C. Mohapatra, J.
1. This is an appeal against the order of temporary injunction passed against the appellant.
2. On 16-1-1990, plaintiff prayed for ad interim ex parte temporary injunction against the defendant No. 1 granting ex parte ad interim order that day, trial Court directed to issue notice fixing 18-1-1990 of hearing the injunction matter. On 18-1-1990 service was held to be sufficient against the appellant and as she did not appear, temporary injunction was passed ex parte on 18-1-1990 which is impugned in this appeal.
3. Once ex parte temporary injunction was passed on 16-1-1990, adequate opportunity should have been given to respondent No. 1 who is a lady. This fact has not been taken into consideration by the trial Court. There was no necessity for hasty decision to pass the order of temporary injunction when there was already an order of ex parte ad interim injunction and there was sufficient time left for final hearing.
4. Accordingly, I set aside the impugned order and direct the trial Court to hear the question of injunction afresh not being influenced by the impugned order which is passed in absence of defendant No. 1 (appellant). I make it clear that ex parte ad interim order of injunction passed on 16-1-1990 shall continue till disposal of this petition for injunction.
5. In the result, appeal is allowed to the extent indicated above. There being no appearance for respondents, there shall be no order as to costs.