CODE OF CIVIL

PROCEDURE , 1908
TEMPORARY INJUNCTIONS
ORDER 39 RULE 1-5
PURVA JUNEJA
15184
4TH YEAR
RELEVANT PROVISIONS

Following are the relevant provisions of CPC regarding the topic

 

of temporary Injunction.
*Order 39 Rule 1, 2, 3, 4, 5 of Code of Civil Procedure
INTRODUCTION

– Injunction originates from English Jurisprudence and is derived from French

word “injungere” which means “to join.” An injunction is an order of the court
which makes a person to do or abstain him/ her from doing an act that is
required for justice, absence of which will result in contradiction of good faith
and conscience. Injunction is granted basically for restoring the rights of a party
whose such rights have been violated. It is granted when there is no remedy as
to provide such party with neither monetary nor compensatory damages. The
principles of Equity and Natural Justice are followed while granting an
injunction.
KINDS OF INJUNCTION

– A temporary or interim injunction restrains a party temporarily from doing the

specified act and can be granted only until the disposal of the suit or until the
further order of the court. It is regulated under the provisions of Order –
XXXIX(39) of CPC and may be granted at any stage of the suit.

– Permanent Injunction restrains a party forever from doing the specified act and
can be granted only on the merits at the conclusions of the trial after hearing
both the parties to the suit. It is governed by Section-38 to Sec-42 of Specific
Relief Act,1963.
OBJECTIVE

– The purpose of the interim or temporary order is to protect the plaintiff from
injury by claiming his right which he could not adequately compensate in
damages recoverable in the action if the uncertainty is resolved in him favour at
the hearing
INGREDIENTS

– The granting of interim injunction is based on three factors, which are prima facie case,
irreparable loss and balance of convenience. The court explained these as;
• There is a serious disputed question raised in the court and that there is an act on the
facts before the court probability that he is entitled to the relief the plaintiff / defendant.
• The court’s interference is necessary to protect the people from some of the types of
injury. In other words, irreparable injury or danger would arise before the legal right
set at trial.
• That comparative hardship at malice or inconvenience that is likely to occur due to the
withholding of the command will be greater than it probably would be granted.
ILLUSTRATION

– ‘A’ is a retailer with a food processing plant in Bandra, Mumbai, India. In front of his
factory, one of the adjacent factory workers (‘B’) started dumping waste, which
eventually led to the food being spoiled. ‘A’ filed ‘B’, in which the court agreed to a
temporary injunction, which prevented ‘B’ from dumping more waste.
• From this illustration, it is clear that ‘A’ suffers from a significant problem as it indirectly
affects its livelihood. Therefore, it is clear that granting an order is important.
• In the above illustration, no matter who reads it, it is a common statement that the
plaintiff is harming, which outweighs the scale of justice. Therefore, it is clear that the
ease of balance towards the Plaintiff is tilted.
– In a situation if the court did not agree to grant the temporary order in favour of
the Plaintiff, the food products in his factory would be destroyed, thereby
affecting his income and causing great loss. Therefore, it is clear that the
plaintiff would have suffered irreparable damage in reference to his goods.
CASE LAW

 I P Bhankanarayana v. P Rajeshwar Rao. When a foreign buyer threatens jointly

with members of the temporary order from an undivided family should be refrained
from taking possession even if such an order equals the expulsion of the foreign
buyer.
– In the case of Nawab Mir Barkat Ali v. Nawab Zulfiquar, the court laid down certain
principles for granting interim order of which the court must be satisfied:
• that the applicant’s case is made prima facie to go in the trial court.
• that the contention should be bona fide between the parties and also on which side the
balance of convenience will lie in the event of success, if there is no grant of injunction.
• that the plaintiff has suffered irreparable loss.
• and interim injunction is not allowed where permanent injunction cannot be granted.
CONCLUSION

– A temporary injunction is a preliminary relief that seeks to protect the subject in

the existing condition, without the defendant’s interference or threat. It is
intended to protect the plaintiff from disposing of, or to destroy or damage his
property (subject), or against any injury to the plaintiff. The primary reason
behind a temporary order is to protect the interests of an individual or entity
until the final decision is made. A temporary injunction, if granted, remains for a
specified period or until the court deems fit.