What is a Temporary Injunction?
A temporary injunction is a court order that restrains a party from performing a particular act until the case is finally decided. It acts as an interim relief, protecting the rights of the plaintiff during the pendency of the trial.
Legal Provision:
Under Order XXXIX, Rules 1 and 2 of the Civil Procedure Code (CPC), 1908, Indian courts can grant temporary injunctions.
When Can a Court Grant a Temporary Injunction?
A court grants a temporary injunction when the applicant proves the following three essential elements:
- Prima Facie Case:
The applicant must show a valid legal claim worth protecting. - Irreparable Injury:
If the injunction is not granted, the applicant would suffer damage that cannot be compensated through monetary relief. - Balance of Convenience:
The inconvenience or harm to the applicant must outweigh the harm to the other party if the injunction is granted.
What are Interlocutory Matters?
Interlocutory matters refer to all procedural or interim decisions the court makes during the course of a case. These are not final judgments but important steps taken to aid the trial and manage justice efficiently.
Examples include:
- Orders on temporary injunctions
- Appointment of receivers or commissioners
- Granting interim reliefs
- Summoning or production of documents
These matters often determine how evidence is handled, how property is preserved, or how parties behave before the final verdict.
Difference Between Temporary Injunction and Permanent Injunction
| Aspect | Temporary Injunction | Permanent Injunction |
|---|---|---|
| Duration | Until disposal of the suit | After final judgment |
| Purpose | Prevents harm during litigation | Provides lasting relief |
| Legal Basis | Order 39 of CPC | Section 38 of the Specific Relief Act, 1963 |
What is the Procedure to Obtain a Temporary Injunction?
- The applicant must file a suit with a prayer for an injunction.
- A separate application under Order 39, Rule 1 and 2 is filed.
- The court hears both parties and examines evidence or affidavits.
- If conditions are satisfied, the court grants an interim restraint.
- Courts may also demand security or undertaking from the applicant.
Key Case Law: Dalpat Kumar v. Prahlad Singh (1992)
In this case, the Supreme Court held that a mere doubt or possibility of injury is not enough. The applicant must satisfy all three elements: prima facie case, irreparable loss, and balance of convenience.
Can an Ex-Parte Temporary Injunction Be Granted?
Yes, under Rule 3 of Order 39, courts may grant an ex-parte injunction if delay would cause irreparable harm. However, the applicant must immediately serve the opposite party and justify the urgency in the affidavit.
Can Temporary Injunctions Be Challenged?
Yes. The aggrieved party can:
- File an application for vacation or modification of the injunction.
- File an appeal under Order 43, Rule 1(r) of the CPC.
- Show that the injunction was obtained by suppression of facts or misrepresentation.
