📘 CIVIL PROCEDURE CODE : ORDER XXXIX

❓ Questions

• What is an injunction?
• What conditions must be satisfied before granting of an injunction?
• What is an ad-interim injunction?

🎯 Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

⚖️ CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam.

To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

📑 ORDER XXXIX

🛑 TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

🔹 Disposal of application for injunction (Rule 3A)

• Where an injunction has been granted
  • without giving notice to the opposite party
• Court shall make an endeavour to finally dispose of the application
  • within thirty day from the date on which the injunction was granted
• Where it is unable so to do
  • it shall record its reasons for such inability

🔹 Order for injunction may be varied or set aside (Rule 4)

• Any order for an injunction
  • may be discharged or varied or set aside by the Court
  • on application made by any party dissatisfied with such order:

🔹 Injunction to corporation binding on its officer (Rule 5)

• An injunction directed to a corporation
  • is binding not only on the corporation itself
  • but also on all members and officers of the corporation whose personal action it seeks to restrain

📝 Explanatory Notes by DLA on Temporary Injunction

❓ What is an injunction?

Ans:

• Injunction is a judicial process by which a party is required to do or to refrain from doing any particular act.
• It is in the nature of a preventive relief to a litigant to prevent future possible injury.

📚 The Law of injunction

• Clause (c) to Rule 1 was brought on statute with effect from February 1977 on recommendations of the Law Commission.
• Earlier thereto there was no express power except the inherent power under S. 151, C.P.C. to grant ad interim injunction against dispossession.
• Rule 1 primarily concerns with preservation of the property in dispute till legal rights are adjudicated.
• It is settled law that grant of injunction is a discretionary relief.

❓ What conditions must be satisfied before granting of an injunction?

Ans:

✅ The three necessary ingredients for grant of temporary injunction:

1️⃣ Prima facie case

• Firstly, the plaintiff must show by evidence adduced by affidavit or otherwise that there is “a prima facie case” in his favour which needs adjudication at the trial.
• Existence of a prima facie right and infraction of the enjoyment of his property or right is a condition for grant of temporary injunction.
• Prima facie case is not to be confused with prima facie title which has to be established on evidence at the trial.
• Prima facie case is only a substantial question raised bona fide, which needs investigation and a decision on merits.

2️⃣ Irreparable injury

• Secondly, the Court further has to be satisfied that non-interference by the Court would result in “irreparable injury” to the party seeking relief.
• There is no other remedy available to the party except one to grant injunction.
• Irreparable injury does not mean that there must be no physical possibility of repairing the injury.
• It means only that the injury must be a material one which cannot be adequately compensated by way of damages.

3️⃣ The balance of convenience

• The balance of convenience must be in favour of granting injunction.
• The Court should compare the mischief or injury likely to be caused if injunction is refused with that likely to be caused if it is granted.
• If the Court considers that pending the suit the subject-matter should be maintained in status quo, an injunction would be issued.

📌 Conclusion

• Thus, it needs to be established that there is a serious disputed question to be tried in the suit.
• The court’s interference is necessary to protect the party from injury.
• The comparative hardship or inconvenience from withholding the injunction will be greater than that from granting it.

❓ What is an ad-interim injunction?

Ans:

• When a suit is filed for an order of interim injunction and the hearing takes place but the judge is not able to decide the case and needs time.
• The plaintiff presses for the injunction, which if postponed will cause further damage.
• Prevention of further damage to the plaintiff is one of the three planks on which interim injunctions are sought and granted.
• Hence, court can order ad-interim injunction to protect interest of the plaintiff until the interim injunction is decided.
• Derived from ad-hoc interim, it means for the specific purpose of giving protection during the intervening period only.

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