Temporary Injunction under CPC, 1908 – Order XXXIX Rules 1 & 2
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 To prevent irreparable damage To avoid multiplicity of proceedings To maintain balance of convenience between parties To ensure the suit does not become infructuous When Can Temporary Injunction Be Granted? Order XXXIX Rule 1 – Situations Where Injunction May Be Granted: Property in danger of being wasted, damaged, alienated, or wrongfully sold Defendant threatens to remove or dispose of property Defendant is about to commit breach of contract or other injury Order XXXIX Rule 2 – In Case of Violation of Plaintiff’s Rights: 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 Plaintiff files an application under Order XXXIX along with the plaint Affidavit stating facts in support must be submitted Court issues notice to the opposite party, unless it decides to grant injunction ex parte After hearing both sides, the court may: Grant or reject the injunction Impose conditions, including security or undertaking Ex Parte Injunction (Rule 3) In urgent cases, the court may grant an ex parte injunction (without hearing the opposite party) But the applicant must: Show immediate danger Serve the order and application to the opposite party within one day Consequences of Violation If a party violates a temporary injunction, the court may: Attach the person’s property Detain the violator in civil prison 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