CHAPTER 6 TEMPORARY INJUNCTIONS

Chapter. 6. Temporary Injunction. (0rder. 39)

Provisions are made in the C.P.C. to enable courts to grant temporary injunctions.

Injunctions are of two kinds.

Temporary and Permanent.

Temporary injunctions are those that continue for a specified time or until further orders are made by the courts. They may be issued at any stage of the suit or even before the issue of summons, but it is essential that the suit should be pending in the court. But, a perpetual injunction can be granted by the decree of the civil court made at the hearing and on the merits of the case. These are governed by the Specific Relief Act. Circumstances under which a temporary injunction can be granted are :

  1. The property which is the subject matter of dispute must be in danger of being wasted, damaged or transferred by a party to the suit or wrongfully be sold in execution of a
  2. The deft must be threatening to dispose of his property with a view to defraud his
  • The deft threatens to disposses the plaintiff or otherwise cause injury to schedule
Illustrations
  1. X lets out vacant land to Y under a contract that Y should not dig Y makes arrangement to dig and carry sand for his purpose. X may sue for an injunction to restrain Y from doing so.
  2. T is the trustee and A is the beneficiary. T is attempting to

sell trust property in violation of the trust deed. A may sue for an injunction.

  • X pollutes the air with smoke and gas and interferes with the physical comfort of the Y may sue for an injunction.

The court in its discretion may grant a temporary injunction, for the purpose of preventing waste, or dispossession or injury etc. This is a preventive relief until disposal of suit or until further orders. This is an equitable relief.

If order is granted till the disposal of the interlocutory application for injunction (without finally disposing) it is ad interim. If given in finally disposing of application it is Temporary injunction. This ensures to the benefit of the party until disposal of suit, or until further orders.

The plaintiff must come with clean hands & disclose all facts.

The court will grant, if there is a prima facie case. There must be a serious question to be tried, or on facts there should be a probability of getting relief, by plaintiff. The courts interference should be necessary to protect against injury; otherwise mischief would be more.

Balance of convenience is in favour of plaintiff. Breach of injunction by defendant, amounts to contempt of court.

Under this order 39, injunction can be granted to prevent second marriage, if the first wife / husband is living.

Appeal: An appeal

If the plaintiff has brought a suit on insufficient grounds or if there was no reasonable ground for suing, the court, may on the application of the deft, award compensation upto Rs.1,000/- to the deft. The Plaintiff shall pay this.

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