Tag: #Temporary Injunction

Temporary Injunction, Its Grounds and Procedure:

A temporary injunction is a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. The purpose of a temporary injunction is to maintain the status quo and prevent irreparable damage or preserve the subject matter of the litigation until the trial is over. After the trial the court may issue a permanent injunction or dissolve the temporary injunction

Order 39, Rule 1 & 2 of Civil Procedure Code 1908 and Volume 1, Part-L, Rule 3 of High Court Rules deal with temporary injunctions.

Temporary injunction can be granted against plaintiff as well as defendant. Temporary injunction cannot be granted against strangers.

Grounds for Temporary Injunctions:

  1. When property is supposed to be wasted or damaged.
  2. When opponent party is threatening to dispose of or remove property.
  3. When defendant dispossessed the plaintiff or caused injury to plaintiff with respect to property.
  4. When court considers it necessary to grant injunction for ends of justice.
  5. When defendant breaches the contract/peace.

Conditions for Grant of Temporary Injunctions:

  1. Prima facie case lies in favor of plaintiff and against defendant.
  2. Balance of convenience
  3. High probability of case decision in favor of plaintiff
  4. Irreparable loss to plaintiff in case of non-grant of injunctions

Circumstances Where Temporary Injunction may be granted:

  1. To maintain status quo
  2. To stop transfer of property
  3. To restrain construction over disputed property
  4. Recovery of dues
  5. Attachment of property
  6. Appointment of commission or receiver of property

Procedure for issuance of injunctions:

An application for temporary injunction should be filed with plaint supported by an affidavit.

The Court shall in all cases, before granting an injunction, direct notice of the application for the same to be given to the opposite party:

Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant-

(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with-

(i) a copy of the affidavit filed in support of the application;

(ii) a copy of the plaint; and

(iii) copies of documents oil which the applicant relies, and

(b) to file, on the day on which such injunction is granted or on the day immediately following, that day, an affidavit stating that the copies aforesaid have been so delivered or sent.

In the case of disobedience of any injunction granted or other order made by court or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.