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Temporary Injunctions



Temporary Injunctions

Meaning: The term 'injunction' is not defined in the Code. It is a remedy in the form of an order of the court addressed to a particular person either prohibiting him from doing or continuing to do a particular act (prohibitory injunction) or orders him to carry out a certain act (mandatory injunction).

Object: Primary object of granting interim injunction is the preservation of property in dispute til the rights of the parties are completely adjudicated.

Types of Injunctions

From the point of view of nature injunctions are of injunctions are two types:-

(a) Prohibitory injunction: They prevent or prohibit the person from doing a particular act,

(b) Mandatory injunction: They compel or order the person to do some positive act.

From the point of view of duration injunctions are of two types:-

(a) Permanent Injunction [Section 38, Specific Relief Act, 1963]: Permanent or perpetual injunction restrains a party forever from doing the specified act and is granted on merits at the conclusion of trial. It is governed by Section 38 to 42 of Specific Relief Act, 1963.

(b) Temporary injunction [Order 39 Rule 1-5]: Temporary or interim injunction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit for further orders of the courts. It is contained in Order 39 Rule 1 to 5 of C.P.C 1908.

Grounds for temporary Injunction [Rule 1 and 2]: The plaintiff or the defendant as the case may be, may apply to the court for granting temporary injunction on following grounds as mentioned in Rule 1 and 2 of Order 39:

1. 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

2. Where the defendant threatens or intends to remove or dispose of the property with a view to defrauding his creditors [Rule 1 (b)], or

3. Where defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in suit [Rule 1(c)]. or

4. Where the defendant is about to commit a breach of contract or other injury of any- kind [Rule 2].

Consequence of disobedience or breach of injunction

Section 94(c) and Rule 2A of Order 39 provides for the consequences of disobedience or breach of an order of injunction which are as under:

1. The court may order the arrest of the opponent and detention in civil prison in such case shall not exceed 3 months, or

2. The property of the opponent may be attached which shall remain in force for not more than one year, or

3. The court may order arrest and attachment, both

If breach still continues, the property attached may be sold and the injured party may be awarded compensation out of the proceeds of such sale. U.C. Surendranath v. Mambally's Bakery, Supreme Court held that person can be held guilty of willful disobedience and not 'mere' disobedience. 

Ad-interim injunction or ex parte interim injunction

As a general rule Order 39 Rule 3 requires that the court shall, before granting the injunction, give notice to the opposite party. However, it also provides that the court may proceed without giving notice where it appears that the object of granting injunction would be defeated by delay. Proviso to Rule 3 lays down that where the injunction is granted without giving notice to the opposite party the court shall record the reasons for the same.

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