Temporary Injunctions (Order 39)

What is a Temporary injunction?

Under the Specific Relief Act, 1963, Section 37 deals with a temporary injunction. Temporary injunctions continue for a specified period of time or until the further order of the court. They may be allowed at any stage in a suit and are managed by the Code of Civil Procedure (1908).

The essential purpose for granting this injunction is to secure the interests of an individual or the property of the suit until the final judgment is passed. The factors looked into while providing such an injunction are:

1. If a party has a case of prima facie?
2. If the balance of convenience is in favor of the complainant?

III. Whether the plaintiff would suffer irreparable damages before the judgment is passed?

The time period of such an injunction is dependent on the discretion of the court. This kind of injunction was also provided as under the case Union of Pakistan v. Bhuneshwar Prasad.

Some examples of cases stated in the CPC where temporary injunction can be granted are:

• Where any property in dispute in a suit, which is probable of getting wasted, destroyed or estranged by any party to the suit, or illegally sold in execution of a decree; or
• Where the defendant threatens to remove or dispose of his property in order to defraud his creditors; or
• Where the defendant threatens to deprive the plaintiff of his property or threatens to cause injury to the plaintiff in connection with the property in dispute in the suit; or
• In any case to prevent the defendant from committing a breach of a contract or any other injury;
• Where pursuant to sections 38 and 41 of the Specific Relief Act, no perpetual injunction or mandatory injunction could be granted;
• Where to stay, the operation of an order for the transfer, suspension, reduction of rank, obligatory retirement, dismissal, removal or otherwise termination of service of any person appointed to public service and post in connection with State affairs, including any employee of any company or company-owned or controlled by the Government of the State;
• Where to stay any disciplinary proceedings, pending or intended or having the effect of any adverse entry against any person appointed to the public service and to post in connection with the State’s affairs, including any employee of the company owned or controlled by the State’s government; or
• To restrict any election;
• Where to restrain any auction intended to be made or restrain the effect of any Government auction; or stay the proceedings for the recovery of any dues recoverable as revenue on land unless adequate security is provided, and any injunction order granted in breach of these provisions shall be void.

In all cases, except where the object of granting the injunction appears to be defeated by the delay even before the injunction is granted, the Court shall issue a direct notice of the request for the same to be given to the other party:

Provided that, where it is proposed to grant an injunction without notice to the other party, the Court records the reasons for its view that the purpose of granting the injunction would be defeated by delay and requires the applicant to:

(a) deliver to or send to the other party by registered post, immediately after the order of granting the injunction,

(i) a copy of the request for the injunction together with a copy of the affidavit filed in support of the request;

(ii) a copy of the complaint; and

(iii) a copy of the documents on which the applicant relies;

(b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent.

However, the court must dispose of such suits within a period of thirty days from the date of granting an injunction and in instances where it is not able to do so, it must specify the reasons for its inability.

Order for injunction may be discharged, varied or set aside– The CPC also states that, at the request of any party who is dissatisfied with the order, any order for injunction may be discharged or varied or set aside by the Court; subject to the knowledge that if a party made a false or misleading statement in a request for a temporary injunction or in any affidavit support, for such a request.

Furthermore, where an injunction has been issued after giving a party the opportunity to be heard, the order shall not be discharged, varied or set aside on the request of that party unless such discharge, variation or set-aside is necessitated by a change of circumstances or unless the Court is satisfied that the order has caused that party difficulty and hardship.

Injunction to a binding corporation on its officer– An injunction to a corporation is binding not only on the corporation itself but also on all members and officers of the corporation whose personal actions it seeks to curtail.

The interlocutory orders passed with regard to injunctions as stated in the CPC are as follows:

Power to order interim sale– Upon application by any party to a lawsuit, the Court may order the sale by any person named in that order, and on such terms as it considers fit, of any movable property that is the subject of such a lawsuit or that is attached before a judgment in such a lawsuit, which is subject to rapid and natural decline or which it may, for any other just and sufficient reason may be desirable to be sold off.

Detention, preservation, inspection, etc. of the subject-matter of the lawsuit:

(1) the Court may, at the request of any party to the proceedings and under such conditions as it considers fit:

(a) make an order for the detention, preservation or inspection of any property that is the subject of the proceedings or as to which any question may arise therein;

(b) for all or any of the aforementioned purposes authorize any such person for any such purpose;

(c) authorize samples to be taken or any observations to be made or experiments to be tested for all or any of the aforementioned purposes which may seem necessary or useful for the purpose of obtaining full information or evidence.

(2) The provisions governing the execution of the proceedings shall, mutatis mutandis (making necessary alterations while not affecting the main point at issue), apply to a person authorized to enter under this rule.

Application for such orders to be made after notice:

(1) The plaintiff may request an order under Rule 6 at any time after the suit has been instituted.

(2) An application by the defendant for a similar order may be made at any time after its appearance.

(3) Before making an order pursuant to Rule 6 or Rule 7 on an application for that purpose, the Court shall, except where it appears that the purpose of making such an order would be defeated by a delay, issue a direct notice to the other party.

When a party may be put in immediate possession of land which is the subject-matter of a suit: Where land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a lawsuit, if the party in possession of such land or tenure fails to pay the Government revenue, or the rent due of the tenure to the proprietor, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the lawsuit claiming to have an interest in such land or tenure may, upon payment of the revenue or rent due previously to the sale (and with or without security at the discretion of the Court), be placed in immediate possession of the land or tenure; and the Court in its decree, may award to the defaulting party the amount so paid, with interest thereon at the rate that the Court considers fit, or may charge the amount so paid, with interest thereon at the rate ordered by the Court, in any adjustment of the accounts may be directed by the decree passed in the suit.

Deposit of money, etc. in Court: Where the object of a lawsuit is money or anything else capable of delivery and any party thereof admits that it holds such money or anything else as a trustee for another party or that it belongs to or is due to another party, the Court may order the same to be deposited in court or delivered to that last-named party, with or without security, subject to the provisions of the judgment.