March 16, 2024

An injunction, which is an equitable remedy, is a legal procedure that requires a party to do something, or not do something, at all. In extreme circumstances, anyone who refuses the Competent Court’s Order of Injunction may face harsh financial penalties or even go to jail. Protecting contested property is the main goal of interim relief until the court decides how to balance the parties’ conflicting claims and legal rights.

Temporary Injunction Under CPC

In India, temporary injunctions are governed by Order 39 of the Civil Procedure Code of 1908. The precise rules for their grant and application are as follows:

Order 39 Rule 1: This rule states that where it is judged just and proper to do so to prevent a duty from being violated or to prevent harm from resulting from a reasonable risk of a violation, the court may issue a temporary injunction under CPC.

Order 39 Rule 2: This rule outlines the conditions for granting a temporary injunction. These conditions include the potential for irreversible harm, striking a balance between the original argument’s strength and convenience, and more.

Order 39 Rule 3: The procedures for seeking a temporary injunction under the CPC are outlined in this guideline, which includes submitting an application supported by a sworn declaration.

Order 39 Rule 4: This rule controls the court’s ability to take possession of property to stop a temporary injunction from being broken.

Order 39 Rule 5: This rule states that if the situation calls for it, the court may alter or cancel a temporary injunction under CPC at any point during the legal process.

Order 39 Rule 6: The length of a temporary injunction is addressed by this CPC rule. It might stay in effect until a specific date or the court issues an order to the contrary.

Order 39 Rule 7: The penalties for breaking or disobeying a temporary injunction are outlined in this rule. One of the options open to the harmed party is possible contempt of court actions.

Temporary Injunction: Who Can Apply?

  • Either the plaintiff or the defendant may apply for an interim injunction along with an affidavit. Any party to the lawsuit may request a temporary injunction under Order 39 Rule (1) a.
  • Only a party may be the target of an injunction; strangers or other third parties are not permitted. Furthermore, neither the Court nor the Judicial Officers may be the target of the injunction.

Temporary Injunction: When to Avail It?

  • It is the plaintiff’s responsibility to prove their case prima facie.
  • The plaintiff must prove that should the injunction be denied, they will experience irreversible harm or injury.
  • The convenience balance will be considered by the court.
  • This entails deciding whether granting the injunction or refusing it is more reasonable and practical.
  • When making this decision, the court considers the interests of both parties as well as the general interest.
  • The plaintiff must demonstrate that there isn’t a suitable alternative remedy. The court might be less likely to issue an injunction if monetary damages are sufficient to compensate the plaintiff.

Landmark Judgment on Temporary Injunction

The landmark judgment on the temporary injunction is as follows:

  • The case of Mandati Ranganna v T. Ramachandra is one of the landmark judgment on temporary injunction.The court emphasized that it is insufficient to simply take into account the essential components of a temporary injunction application in CPC, such as whether there is a prima facie case, the balance of convenience, and irreparable harm.
  • In the case of Paidsetti Bhanknarayna v Paidsetti Rao, the plaintiff does not always need to demonstrate their unquestionable ownership of the contested property, the court noted. If the plaintiff is able to properly question the existence of the right they are claiming, that is sufficient. Additionally, the granting of an injunction may be justified if the plaintiff can persuade the court that the contested property should be kept in its current state until the legal dispute is settled. This emphasizes that in some circumstances, a party requesting an injunction need only demonstrate a legitimate claim and the necessity of safeguarding the property while the case is pending.

A temporary injunction may not be granted arbitrarily by the court or requested by one of the parties as a matter of right. As an equitable remedy, the injunction encourages the application of the adage “he who seeks equity must do equity.” The Court is entirely free to decide whether or not to issue an injunction.

Discretion of the Court is used in each case based on the particular facts and circumstances. No matter how strong the applicant’s case is, it is not permissible to request relief on the grounds of entitlement. Because of this, exercising the authority to grant an injunction calls for the utmost care, awareness, and planning.

Read Our latest blog: TRESPASS IN TORT

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