Temporary Injunctions in Civil Cases:
An injunction is a judicial process whereby a party is required to do or to refrain from doing some particular act. Once a Civil Suit is filed it takes a long time to finally decide the rights of the parties. However during the pendency of the suit there may be necessity the subject matter of the suit or the rights of the parties unless it may done great hardship or grave prejudice to any parties of the suit. To protect the parties from such prejudice or injury the Court has the power to grant interim relief. Temporary injunction is one of such interim relief.
- Relevant Law: Order 39 of the Code of Civil Procedure 1908 deals with the provisions of Temporary Injections.
Rule 01, Order 39 States that, Case in which temporary injunction may be granted, which is as follows:
Where in any suit it is proved by affidavit 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 defraud his creditors,
The Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property as the Court thinks fit, until the disposal of the suit or until further orders.
- Who Can Apply for Temporary Injunctions: Generally Plaintiff prayed for Temporary Injunctions. But in an appropriate situation the Defendant may also pray for and obtain an order of Temporary Injunction against the Plaintiff.
- Nature of the Relief: The relief of Temporary Injunction is an equitable nature and it is not granted where the party applying for temporary injunction does not come with clean hands.
- Against whom Injunction can be granted: An injunction can be issued only against party to the suit. In a proper case an injunction may be issued even against a person outside the jurisdiction of the Court.
- Against whom Injunction can not be granted: An Injunction can not be issued against a stranger who is not a party to the suit or against a Court. No injunction will ordinarily be issued against Government Officers bona fide exercising rights or alleged rights in the course of their duty.
- Against whom an order of injunction is binding: Generally an order of injunction binds the parties to the suit. It is also binding on the agent or servant of the parties.
- Against whom an order of injunction is not binding: Persons who were not party to the suit nor named in the injunction order cannot be proceeded against for violation of the order of injunction. But a person who is aware of an order of injunction is bound to obey even he was not party o the suit when it affects the result of the earlier order.
- Operation of the Order of Temporary Injunction: An Temporary injunction order operates from the date of the order being made and a party who has notice or otherwise knowledge of the order is bound by it form the time it is made. Temporary Injunction may be granted either until the disposal of the suit or until further order of the court and the injunction will be dissolved when further order is made or when the suit comes to an end.
- Duration of Temporary Injunction: An order of temporary injunction takes effect only from the time when it is communicated to the party injuncted and unless its duration is specified or vacated earlier, it terminates as soon as the suit comes to an end.
- Effect of Temporary Injunction: In granting Temporary Injunction the court takes the decision on a tentative view. The view so expressed tentatively does not influence the final decision in the suit and does not prejudice to the concerned party.
- Principles Governing Grant of Injunction: Temporary Injunction cannot be granted just for the mere asking of it without adverting to the principles governing the grant of temporary injunction. The Court must be satisfied that the applicant has a prima facie and arguable case to go into trail, that the applicant shall suffer irreparable injury or loss unless the injunction is granted and the balance of inconvenience is in favour of the applicant. The Court shall take into consideration the following issues while granting an injunction:
- Prima facie case
- Decision on affidavit or otherwise
- Injunction in suit barred by res judicata
- Question of maintainability of suit in an application for temporary injunction
- Effect of Admission
- Irreparable Injury or loss
- Balance of Inconvenience
- Situations in which temporary injunction can be granted: Temporary Injunction can be granted where-
- The property in dispute is in danger of being wasted, damaged, alienated or wrongfully sold in execution of a decree;
- The defendant threatens or intends to remove the property to defraud his creditors
- The defendant is about to commit a breach of contract or other injury of any kind or
- Where the Court is of the opinion that the interest of justice so requires.
- When Injunction can not be Granted: When the allegations made in the application are vague or indefinite, no injunction can issue. No injunction should issued in respect of a property description of which is vague and not specific. No injunction can be granted in matters covered by a provision made in a special enactment. Injunctions cannot be granted when it interferes with performance of public duties. Temporary Injunction is not be granted when the order would be infructuous as the act sought to be restrained has already been done.
