Temporary Injection

Temporary injunction is provided under order XXXIX ( Rules 1-5) of C.P.C

As per section 37(2) of specific Relief Act,1963 An injunction is defined as a judicial process whereby a party is required to do or to refrain from doing any particular act.

An Injunction is a order from the where a party is required to do, to refrain from doing, any particular act. Injunction is a remedy in the form of order of the court addressing to a particular situation, either prohibiting any person from doing or continuing to do a particular act.

There is difference between stay and Injection. “Stay” means Stoppage or suspension of judicial proceeding, while “Injunction” refers to restraining or preventing a person from commencing or continuing action. Injunction thus acts in personam and not in rem.

A Temporary Injection or interim Injection restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further order of the court. The provision of Temporary Injunction is provided under Order XXXIX of CPC and may be granted by court at any stage.

It is well settle principle of law that an interim order can always be granted by the court as an aid of and as ancillary to the main relief available to the party on final determination of his rights in a suit or any other proceedings. Temporary injections are thus injunctions issued during the pendency of proceedings.

Objective

The main purpose of the interim injunction is to preserve the subject matter of the suit in status quo for the time being. In other words its primary purpose is to preservation of property in dispute till legal rights and conflicting claims of the parties before the court is resolved.

Who may apply?

It is generally, a plaintiff who make an application for the grant of intreim order but a defendant can also make an application for the same. In other words both the parties can apply for injunction before the court of law.

Against whom an injunction may be issued

An injunction may be issued only against a party in the suit and not against a stranger or a third party. It cannot be granted against a court or judicial officer.

Cases in which Temporary injunction may be granted

Where in any suit it is proved by affidavits or otherwise-

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors, or

(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, or

(d) where a defendant is about to commit a breach of contract, or other injury of any kind; or

(e) where a court is of the opinion that the interest of justice so requires.

the court may by order grant a interim injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienating, sale, removal or disposition of the property, as the court thinks fit until the disposal of the suit or until further order of the court.

Principle

The grant of Temporary injunction is a matter of discretion of the court ( A.A Abdul Rasheed v. L.M Basheer Ahmad, AIR 1972 Mad 181). This discretion, however, is to be used reasonably, judiciously and on sound legal principles.

Generally, before granting the injunction, the court must be satisfied about the following factors: ( Dalpat kumar v. Prahlad singh (1992) I SCC 719)

(i) whether the plaintiff has a prima facie case?

(ii) whether the plaintiff would suffer irreparable injury if his prayer for Temporary injunction is not granted?

(iii) whether the balance of (in) convenience is in favour of the plaintiff?

(iv) other factors

Injunction which may be granted

In accordance with the above principles, interim order may be granted for, maintaining status que, against transfer of property, disposal of goods, making construction, effecting recovery of dues, attachments of property, appointment of receiver or commission, against prosecution, etc.

Temporary Injunction duration

A Interim injunction of court is pendente lite (till the disposal of the suit) comes to an end when the suit is finally decided. If the suit is dismissed, injunction is vacated.