Temporary Injunction

By | September 15, 2016

Temporary Injunction refers to restraint. A temporary injunction is an order by which a party to an action is required to do, or refrain from doing, a particular thing until the suit is disposed of or until further orders of the court. A temporary injunction is interim in nature, granted on an interlocutory application of the plaintiff.

Injunction may be of two types:-

  1. Perpetual and
  2. Temporary

While the Specific Relief Act deals with perpetual & mandatory injunctions, CPC deals with temporary injunctions. Perpetual injunction is dealt under sections 54 to 57 of the Specific Relief Act, which is granted at the time of final disposal of any suit during passing of the Judgment along with declaration of any kind of status where it is prayed for.

Temporary injunction dealt under Order 39 CPC can be granted even “ex parte”. Usually, at that stage, it is called interim injunction. When court hears both sides and orders interim injunction, it is known as temporary injunction. Where the court is of the opinion that the interest of justice so requires it may grant temporary injunction. Where the court is of the opinion that the very object of granting temporary injunction would be defeated by delay, it can grant an interim injunction in favor of the applicant.

Rule 1 of Order 39 of the Civil Procedure Code provides that where in any suit it is proved by affidavit or otherwise –

  1. that any property in dispute in a suit is in danger of being wasted , damaged  or altered by any party to the suit, or wrongfully sold in execution of a decree ; or
  2. that the defendant threatens, or intends to remove or dispose of his property  with a view to defrauding his creditors ;
  3. that the defendant threatens to dispossess the plaintiff or otherwise cause  injury to the plaintiff relating to any property in dispute in the suit;

the court may , by order , grant a temporary injunction to restrain such act , or make such other order for the purpose of staying and preventing the wasting , damaging , alienation , sale , removal or disposition of the property or dispossession of the plaintiff , or otherwise causing injury to the plaintiff in relation to property in dispute in the suit as the court thinks fit , until the disposal of the suit or until further orders .

According to the Rule 2 of CPC, temporary injunction may be granted where the defendant is about to commit a breach of contract, or other injury of any kind.

Rule 3 of CPC provides that the court shall in all cases before granting injunction, direct notice of the application to the opposite party except in cases of interim injunction.

Rule 4 of CPC provides that Order for injunction may be discharged, varied or set aside by the court, on application made thereto by any party dissatisfied by such order.

Rule 5 of CPC provides that an Injunction directed to a corporation is binding on its officers.

To grant the order of temporary injunction is purely a discretionary power of the court .This discretion is to be exercised according to the established judicial principles and judicially .The following principles were laid down in Nawab Mir Barkat Ali vs. Nawab Zulfiquar (AIR 1982 A.P. 384) for consideration by the court while granting temporary injunction- 

  1. The court must be satisfied that the applicant has made out a prima facie case to go to the trial.
  2. The court must be satisfied that there is a bonafide contention between the parties and on which side, in the event of success, will lie the balance of convenience, if the injunction is not granted.
  3. The court must be satisfied that the plaintiff may suffer from irreparable loss or injury which cannot be adequately compensated by damages if the injunction is not granted.
  4. where a permanent injunction cannot be given the temporary injunction is not allowed.

 Further, the first condition being “sine qua non”, the plaintiff must prove one of the remaining two conditions for grant of temporary injunction.

Mayank Shekhar
Author: Mayank Shekhar

Mayank is a student at Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.

One thought on “Temporary Injunction

  1. AvatarYatish Pachauri

    you need to specify that you are talking about specific relief act, 1877. and after that 1963 act came in which injunction is mention under section 36-42. and now this act further amended in 2018.

    Reply

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