Meaning of Temporary Injunction
A temporary injunction is a court order that restrains a party from performing a particular act, which may affect the subject matter of the suit adversely. It is granted to preserve the status quo until the court decides the matter finally.
Governed by Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.
Purpose of Temporary Injunction
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To prevent irreparable damage
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To avoid multiplicity of proceedings
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To maintain balance of convenience between parties
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To ensure the suit does not become infructuous
When Can Temporary Injunction Be Granted?
Order XXXIX Rule 1 – Situations Where Injunction May Be Granted:
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Property in danger of being wasted, damaged, alienated, or wrongfully sold
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Defendant threatens to remove or dispose of property
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Defendant is about to commit breach of contract or other injury
Order XXXIX Rule 2 – In Case of Violation of Plaintiff’s Rights:
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When the plaintiff proves that the defendant’s action infringes a legal right, the court may restrain such action temporarily.
Essential Conditions for Granting Temporary Injunction
The court considers the following three key principles before granting an injunction:
| Condition | Explanation |
|---|---|
| Prima Facie Case | Plaintiff must show a genuine case worth trial |
| Balance of Convenience | Greater hardship would result to plaintiff if injunction is denied |
| Irreparable Injury | Harm that cannot be compensated by money |
All three conditions must co-exist. Mere inconvenience is not sufficient.
Procedure to Apply for Temporary Injunction
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Plaintiff files an application under Order XXXIX along with the plaint
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Affidavit stating facts in support must be submitted
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Court issues notice to the opposite party, unless it decides to grant injunction ex parte
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After hearing both sides, the court may:
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Grant or reject the injunction
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Impose conditions, including security or undertaking
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Ex Parte Injunction (Rule 3)
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In urgent cases, the court may grant an ex parte injunction (without hearing the opposite party)
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But the applicant must:
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Show immediate danger
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Serve the order and application to the opposite party within one day
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Consequences of Violation
If a party violates a temporary injunction, the court may:
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Attach the person’s property
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Detain the violator in civil prison
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Take other coercive actions under Order XXXIX Rule 2A
Difference Between Temporary and Permanent Injunction
| Basis | Temporary Injunction | Permanent Injunction |
|---|---|---|
| Stage | During pendency of the suit | At the final judgment |
| Duration | Limited (until further order or decision) | Indefinite (as ordered by the court) |
| Governing Provision | Order XXXIX Rules 1–2 CPC | Section 38 of the Specific Relief Act, 1963 |