A copy of the plaint and affidavit should be served on the defendant and he should be allowed a few days' time for filing his affidavit in reply. The plaintiff in like manner may, if necessary be given a very short time for filing his further affidavit, if any, and a date for hearing the application should be fixed accordingly. The Judge should then dispose of the application on the date so fixed but in case it be found necessary to adjourn the hearing the Court should, in the presence of the defendant, make an order covering the adjournment period but covering it only to an extent which is absolutely necessary in the particular circumstances of the case.Note 1. - It must be realized that the granting of an ex-parte injunction involves a serious responsibility and if it is granted the Judge must take the greatest care to do every thing possible to protect the defendant.Note 2. - Ex-parte injunctions may be granted with greater freedom if the party seeking it agrees to be put on terms, viz., to pay all consequential loss caused if, in the event, it should prove that the injunction should not have been asked for.
