This paper basically talks about what is an injunction under the Code of Civil Procedure,1908 specifically a temporary injunction. The Specific Relief Act, 1963 provides provisions relating to injunctions. Here the injunction is divided into two heads. One is a Temporary injunction and the other is a Perpetual or permanent injunction. The procedure for granting a temporary injunction as provided in the Code of Civil Procedure,1908.
An Injunction is a judical process or an order of the court which makes a party to do, or refrain from doing, an act. It is a remedy in the form of an order of the court. It is basically granted for restoring the rights of a party whose such rights have been violated. The grant of an injunction aims to restore the violated rights of a party, by which monetary or compensatory damages are insufficient. It is fairly a simple concept and the relief which is granted is a preventive one. Primarily, it follows the principles of Natural Justice and Equity. Now talking about its origin, the law of injunction finds its origin in English Jurisprudence. It is derived from the french word ‘injungere’ which means ‘to join’.
The provisions/law concerning injunction has been provided within the Specific Relief Act, 1963. An injunction is grouped into two categories i.e interlocutory injunction and Perpetual Injunction. Section 37 of the Specific Relief Act, 1963 provides for the definition of temporary and perpetual injunctions.
Temporary injunctions are such as are to continue until a specified time, or until the further order of the court and that they could also be granted at any stage of the suit. they’re granted by the CPC (Code of Civil Procedure, 1908).
A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit, the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which might be contrary to the rights of the plaintiff.
The rules laid down so as XXXIX, Rules 1 and 2, of Civil Procedure Code, provides the procedure for granting an interlocutory injunction.
It was held by the Hon’ble Apex Court, in Agricultural Produce Market Committee case, “a short-lived injunction is often granted as long as the person seeking injunction features a concluded right, capable of being enforced by way of injunction.”
Cases in which temporary/interlocutory injunction may be granted:
1. For protection of interest in property
a. Any property at issue during a suit is at risk of being wasted, wrongfully sold in execution of a decree, damaged or alienated by any party to the suit, or
b. Defendant threatens, or intends, to eliminate or remove his property with a view to defraud his creditors,
c. The defendant threatens to cause injury to the plaintiff in reference to any property at issue within the suit.
In such cases, the court may by order grant interlocutory injunction to restrain such act. It’s going to make such other order for the aim of preventing the wasting, damaging, sale, removal of the property because the court thinks fit until the disposal of the suit.
2. Injunction to restrain repetition or continuance of breach
a. For restraining the defendant from committing a breach of contract or another injury of any kind, just in case compensation is claimed or not within the suit the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, appeal to the court for a short-lived injunction to restrain the defendant from committing the breach of contract or injury complained of.
b. The court may grant such injunction by an order. On terms like the duration of the injunction, keeping an account, giving security, or else, because the court thinks fit. In the case of Chitra v. Dhurbha Jyoti, it had been held that where the husband has obtained a decree of divorce against which the wife appealed, the wife can obtain a short-lived injunction restraining the husband from marrying again during the pendency of the wife’s appeal.
A temporary injunction could also be granted in breach of contract cases also. as an example, within the case of Union of India v. Bhuneshwar Prasad, who filed a suit for declaration that his removal from service was illegal and was entitled to an interim injunction restraining the defendant from removing the plaintiff from service until the disposal of the suit. By this, it doesn’t mean that he should be put in charge of his work. If an irreparable injury is probably going to be caused to the plaintiff unless the breach of contract is instantly restrained, an interlocutory injunction is going to be granted by the court to restrain the breach of contract.
It is important to be noted that the grant of an injunction is discretionary with the court. it’s expressly laid down in Section 36 of the precise Relief Act, 1963 that “Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual”.
In M. Gurudas and Ors. Case, the Hon’ble Supreme Court of India has held that “while considering an application for an injunction, the court would pass an order thereupon having reference to clear, balance of inconvenience and irreparable injury.”
i. A prima facie case must be established by the plaintiff. he’s required to determine that there’s a considerable question to be investigated. it’s to be proved by the party that the first facts and evidence of the case show that if the choice of the case comes it’ll fall on their side. The claim of the party on property, possession, he’s entitled has got to be proved. If the court finds the claim of the party to be rightful, an injunction maybe granted. The matters should be preserved in established order until the injunction is finally disposed of.
To be eligible to get a short-lived injunction prima facie is a must. Nevertheless, it’s not enough. interlocutory injunction can’t be granted if the damage which will be caused isn’t irreparable if the injunction isn’t given.
It is to be noted that relief of interlocutory injunction can’t be granted for some right which might arise in the future. Likewise, an injunction can’t be acquired to restrain a party from filing a suit.
ii. An irreparable loss or injury would result if the injunction were refused. there’s no other remedy open to the applicant by which he could protect himself from the results of the apprehended injury.
In the case of Dalpad Singh v. Prahlab Singh, it had been held that “ Additionally the court has got to satisfy that non-interference by the court would end in “irreparable injury” to the party seeking relief. No other remedy is available to the party except one to grant an injunction and he needs protection from the consequences of dispossession or apprehended injury. Nevertheless, irreparable injury, doesn’t mean that there must be no physical possibility of repairing the injury, but only means the injury must be a material one, viz. that can’t be adequately compensated by way of damages.”
iii. The balance of convenience– the court must provide a decision that suits both the parties and doesn’t affect another than the opposite i.e. it must strike a balance of convenience. The court while granting an injunction must assess that the party seeking it, what effect will it have on the opposite party. If the opposite party won’t be affected much it’s going to grant injunctions. But if another party will suffer huge losses it should not grant injunctions.
iv. The conduct of the plaintiff has not been blameworthy.
In Best Sellers Retail (India) (P) Ltd. V. Aditya Nirla Nuvo Ltd . , the Supreme Court restated the legal position regarding an injunction. To this point, the settled principle of law says that even where prima facie case is in favour of the plaintiff, the court will refuse interlocutory injunction if the injury suffered by the plaintiff isn’t irreparable just in case of denial of the grant of an interlocutory injunction.
Therefore, the burden is on the plaintiff appealing for the relief. Merely proving one in all the conditions doesn’t entitle an individual to an order of temporary injunction.
The foremost reason behind the granting of an interlocutory injunction is to guard the interests of a private or party until the ultimate decision is formed. The injunction provided may be a relief that seeks to guard the subject in existing conditions, without the defendant’s interference. it’s basically intended to guard the plaintiff against any injury which may be caused within the sort of disposing or destroying the property of the plaintiff. a short-lived injunction is granted for a specified period of your time until the court deems fit. It’s to be noted that, grant of interlocutory injunction can’t be claimed by the party as a matter of right nor it will be denied by the Court arbitrarily. it’s to be concluded that,while considering an application for injunction, the Court would pass an order considereing the clear , balance of convenience and irreparable injury within the case.
Frequently Asked Questions
- Where are the provisions relating to temporary injunction has been provided?
The provisions relating to temporary injunction has been provided in the Specific Relief Act, 1963 and the procedure for granting it has been provided in the Code of Civil Procedure, 1908.
- What are the three important ingredients which needs to be considered while granting temporary injunction?
Three factors which needs to considered:
- Whether a prima facie case lies,
- Balance of convenience between the parties,
- An irreparable injury will be cause if injunction is not granted.
3. What is an injunction? What are its types?
Injuction can be defined as preventive remedy. It is granted to a party aggrieved by the acts of another party. It attempts to refrain the wrongdoer to pursue the act. There are two kinds of injuction, temporary injunction and permanent injuction.
- What is distinction between temporary injunction and permanent injunction?
The difference between temporary injunction and permanent injunction is that in permanent injunctions, the restraints is to last forever. In temporary injunctions, it may be instituted at any point of a suit, and shall persist until the court gives any further order or until the suit is disposed of.
- What is objective behind granting of temporary injunction ?
The purpose of temporary injunction is to protect the plaintiff from injury and the interests of the plaintiff till the final judgement is passed. It seeks to protect the party to the suit in the existing condition, without the defendant’s interference or threat.