Temporary injunctions are judicial orders that maintain the status quo between parties during the pendency of a lawsuit, preventing actions that could cause irreparable harm or render the court’s final decision ineffectual. In India, the provisions governing temporary injunctions are primarily encapsulated in Order XXXIX of the Code of Civil Procedure, 1908.

MEANING AND DEFINITION

An injunction is a judicial process whereby a party is required to do, or to refrain from doing, any particular act. Temporary injunctions are provisional orders issued to preserve the subject matter of the litigation in its existing condition, preventing any change that could potentially harm the interests of the parties involved. These injunctions remain in force until the court issues a further order or until the final disposal of the suit.

LEGAL PROVISIONS UNDER ORDER XXXIX CPC

Order XXXIX of the CPC specifically deals with temporary injunctions and interlocutory orders. The relevant rules are:

• Rule 1: Empowers the court to grant temporary injunctions in situations where:

  • Any property in dispute is in danger of being wasted, damaged, or alienated by any party to the suit.
  • The defendant threatens to remove or dispose of his property with the intent to defraud creditors.
  • The defendant threatens to dispossess the plaintiff or otherwise cause injury concerning any property in dispute in the suit.

• Rule 2: Allows the court to restrain the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not.

• Rule 3: Mandates that before granting an injunction, the court must give notice to the opposite party. However, in cases of urgency, the court may grant an ex-parte injunction without notice, recording the reasons for its decision.

• Rule 3A: Stipulates that when an ex-parte injunction is granted, the court shall endeavor to dispose of the application within 30 days from the date on which the injunction was granted.

• Rule 4: Provides for the discharge, variation, or setting aside of an injunction upon application by any party dissatisfied with the order.

• Rule 5: States that an injunction directed to a corporation is binding not only on the corporation itself but also on all its members and officers whose actions it seeks to restrain.

ESSENTIALS FOR GRANTING TEMPORARY INJUNCTION

The courts consider the following key factors before granting a temporary injunction:

1. Prima Facie Case: The applicant must demonstrate a bona fide dispute requiring adjudication and a strong likelihood of success in the suit. The existence of a prima facie right and its infringement is a condition precedent for the grant of an injunction.

2. Balance of Convenience: The court assesses whether the inconvenience or harm that the applicant would suffer without the injunction outweighs that which the opposite party would face if the injunction is granted.

3. Irreparable Injury: The applicant must show that they would suffer harm that cannot be adequately compensated by damages if the injunction is not granted.

CASE LAWS ILLUSTRATING PRINCIPLES OF TEMPORARY INJUNCTIONS

• Dalpat Kumar & Anr. v. Prahlad Singh & Ors., AIR 1993 SC 276: The Supreme Court emphasized that for the grant of a temporary injunction, the plaintiff must establish a prima facie case, the balance of convenience in their favor, and the likelihood of suffering irreparable injury in the absence of such an injunction.

• Gujarat Bottling Co. Ltd. v. Coca Cola Co., AIR 1995 SC 2372: The Court held that the object of an interlocutory injunction is to protect the plaintiff against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favor at the trial.

TYPES OF INJUNCTIONS

Injunctions can be classified into two broad categories:

1. Prohibitory Injunction: Restrains a party from performing a specific act.
2. Mandatory Injunction: Compels a party to perform a specific act.

PROCEDURE FOR OBTAINING A TEMPORARY INJUNCTION

The procedure for obtaining a temporary injunction involves the following steps:

1. Filing an Application: The applicant must file an application under Order XXXIX Rules 1 and 2, supported by an affidavit detailing the facts of the case and the necessity for the injunction.

2. Notice to the Opposite Party: As per Rule 3, the court issues a notice to the opposite party. However, in cases of urgency, the court may grant an ex-parte injunction without notice, recording the reasons for such action.

3. Hearing: Both parties present their arguments, and the court examines the evidence to determine whether the injunction should be granted.

4. Order: The court may grant or refuse the injunction and may impose terms and conditions as it deems fit.

DISOBEDIENCE OF INJUNCTION ORDERS

Order XXXIX Rule 2A deals with the consequences of disobedience or breach of injunctions. If a party violates an injunction order, the court may attach their property and may also order their detention in civil prison for a term not exceeding three months. In Ram Prasad Singh v. Subodh Prasad Singh (1983), it was held that even a person not party to the suit can be liable under Rule 2A if they are aware of the injunction and act in violation of it.

INHERENT POWERS OF THE COURT

The courts possess inherent powers under Section 151 of the CPC to grant injunctions in circumstances not covered by Order XXXIX. In Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal, the Supreme Court held that the inherent powers of the court can be exercised to meet the ends of justice and to prevent abuse of the process of the court.