TEMPORARY

INJUNCTION
Questions
1. Define injunction. Explain the grounds and
principles to grant a temporary injunction.

2. Discuss the principles governing the grant

of temporary injunction.

3. Explain CPC provisions relating to

temporary injunction.

4. Short note on temporary injunction.

Injunction
 It is a remedy in the form of an order of
the court that is addressed to a particular
person either

 prohibiting him from doing or continuing to

do a particular act (prohibitory
injunction) or

 ordering him to carry out a certain act

(mandatory injunction).
Object
Polins vs Gray
 Injunction is in the nature of protective relief that is

granted in favour of a party to prevent future possible

injury.

 It is an interim relief for the preservation of the property

in dispute till legal rights and conflicting claims of the
parties before the court are finally adjudicated.

 The court has to exercise sound judicial discretion

before it can grant or refuse interim relief. It has to strike
a balance between the two conflicting interests i.e.,
 injury and prejudice likely to be caused to the plaintiff,
 injury and prejudice likely to be caused to the defendant.
Types of injunction
 A. Temporary injunction
 Temporary injunction is dealt with by
Order 39 of CPC and
 it restrains a party temporarily from
doing a specified act.
 It is granted only until the disposal of the
suit or until further orders.
 It can be granted at any stage of the suit.
 B. Permanent Injunction
 Where is permanent injunction is
governed by sections 38 to 42 of the
Specific Relief Act 1963.
 It restrains a party forever from doing
the specified act.
 It is granted only on merits at the
conclusion of the trial after hearing both
parties to the suit.
 Who can apply?
 Either plaintiff or the defendant can apply for
temporary injunction.

 Against whom?
 Only party to the suit and not a third party or a
stranger.
 It cannot be issued against a court or a judicial
officer.
 Only against persons within the jurisdiction of
the court.
Grounds
 Rule 1 and 2
 Temporary injunction may be granted in the
following cases:
 a. Where 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 - Rule 1 (a) or

 b. Where a defendant threatens or intends to

remove or dispose of his property with a view to
defrauding his creditors - rule 1(b) or
Contd..
 c. Where a defendant threatens to
dispossess the plaintiff or otherwise
cause injury to the plaintiff in relation to
any property in dispute in the suit - rule
1(c) or
 d. Where the defendant is about to
commit a breach of contract or other
injury of any kind - rule 2 (1) or
 e. Where a court is of the opinion that
interest of justice so requires - sec 94 (c)
Principles
 Injunction is a discretionary power of the court that has to
be exercised judiciously. It should not be likely granted as it
adversely affects the other side. Before granting the injunction
the court must be satisfied about the following aspects:

 A. Prima facie case

 The Plaintiff must make out a prima facie case in support of the
right claimed by him.
 The court has to be satisfied that:
 1. There is a bonafide dispute raised by the applicant.
 2. There is a strong case for trial that needs investigation
and decision on merits.
 3. Based on the facts before the court there is a probability of
the applicant being entitled to the relief claimed by him.
 In deciding a prima facie case the court is guided by
the plaintiff's case as revealed in the plaint, affidavits or
other materials produced by him.

 Martin Burn Ltd vs Banerjee

 A prima facie case does not mean a case proved to the
hilt but a case which can be said to be established if the
evidence which is led in support of the same were
believed. While determining whether a prima facie case
has been made out the relevant consideration is whether
on the evidence led it was possible to arrive at the
conclusion in question and not whether that was the
only conclusion which could be arrived at on that
evidence.
 2022 (4) Civil Court Cases 091 (HP)
 Existence of prima facie case is not to be
confuse with prima facie title, which has
to be established on evidence at trial.
 B. Irreparable injury
 Existence of prima facie case is not sufficient. The applicant
has to satisfy the court about the existence of the second
condition, that is, he must show that he will suffer
irreparable injury if the injunction as prayed is not
granted and that there is no other remedy open to him by
which he can protect himself from the consequences of the
apprehended injury.

 Irreparable injury does not mean that there should be no

possibility of repairing the injury.

 It means an injury that cannot be compensated by

adequate damages, that is, there exists no certain pecuniary
standard for measuring damages.
 C. Balance of convenience
 The third condition for the grant of temporary injunction
is that the balance of convenience must be in favour of
the applicant. The court must be satisfied that the
comparative mischief, hardship or inconvenience
which is likely to be caused to the applicant by the
refusing injunction will be greater than that which
is likely to be caused to the opposite party by granting
it.

 American Cyanemid company vs Ethicon Ltd

 The court must weigh one need against another and
determine where the balance of convenience lies.
 2022 (4) Civil Court cases 091 (HP)
 For grant of injunction, existence of three
ingredients i.e., prima facie case,
balance of convenience, irreparable loss
or injury is not only mandatory, rather
they all should coexist
 D. Other Factors
 These principles are illustrative and not exhaustive.
 Even if all the three conditions exist there may be other
circumstances that may lead to refusal to grant
such a relief.

 The relief of injunction may be refused on the

ground of:
 delay, laches or acquiescence(consent), or
 where the applicant has not come with clean hands,
 has suppressed material facts or
 where monetary compensation is adequate relief.
 Injunction may be granted in the nature of
Maintaining status quo
Against transfer of property
Against disposal of goods
Against making construction

 Injunction will not be granted in the following cases

Injunction causing administrative inconvenience
Injunction resulting in public mischief
Against recovery of tax
Interfering with inquiry or investigation
Against agricultural land
Transfer/suspension of employees
Against instituting proceedings
 Rule 2A and Section 94 (c) - Consequences resulting from
a disobedience or breach of order of injunction issued by
the court.

 Penalty - Arrest of the opponent or attachment of property or

both.
 Detention in civil prison not to exceed three months.
 Attachment of property not to remain in force for more than one
year.
 If disobedience continuous the property attached may be sold
and out of the proceeds the court may award such compensation
as it thinks fit to the injured party.

 Transferee Court can also exercise this power and can punish for
breach of injunction granted by the transferor court.
Ad interim ex parte
injunction
Notice
Rule 3
 The court shall before granting an injunction, give notice

to the opposite party, except where it appears that the

object of granting the injunction would be defeated by
delay.

 Proviso
 When an ex parte injunction is proposed to be given, the
court has to record reasons for coming to the conclusion
that the object of granting injunction would be defeated by
delay. In such a situation the court shall order the
applicant to send a copy of the application and
other documents immediately to the opposite party.
 Rule 3A
 The court shall make an endeavour to
finally dispose of application within 30
days from the date on which the ad
interim exparte injunction was granted.
 When the court finds it difficult to
dispose of the application within 30
days, reasons are required to be
recorded.
 Rule 4
 An order of injunction may be discharged,
varied or set aside by the court
 on an application being made by any party
dissatisfied by such order or
 where such discharge, variation or setting
aside has been necessitated by a change in
circumstances or
 where the court is satisfied that such order
has caused undue hardship to the other side.
 Restoration of benefits
 Where a Court grants interim injunction
which results in injustice to the opposite
party, it is not only the right, but the
duty of the court at the time of passing a
final order to undo injustice and to
restore status ante. It may include
payment of costs, difference of price,
damages etc
Appeal and Revision

 Appeal - from order granting or refusing injunction

O43 R1(r)
 If ex parte relief is granted by the court and application
is not decided within 30 days the aggrieved party may
prefer an appeal against such an order.

 Revision
 Hindustan Lever Limited versus Colgate
Palmolive Limited
 An order granting or refusing injunction is a 'case
decided' within the meaning of section 115 of the code
and hence a revision lies against such an order.
Sec 95
 Where in any suit in which an order of temporary
injunction has been obtained by the plaintiff on
insufficient grounds or where the suit of the plaintiff
fails and it appears to the court that there was no
reasonable or probable ground for instituting it, on
application being made by the defendant, the court
may order the plaintiff to pay such amount not
exceeding 50,000 Rupees as it deems reasonable
compensation to the defendant for the expense or
injury including injury to reputation caused to him.

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