An injunction is defined in Halsbury’s Laws as: “A judicial process whereby a party is ordered to refrain from doing or to do a particular act or thing.” Oxford dictionary meaning of word Injunction is “a Judicial warning or a Judicial order restraining a person from an action or compelling a person to carry out a certain act.”
The primary purpose of granting interim relief is the preservation of property in dispute till legal rights and conflicting claims of the parties before the court are adjudicated. The court in the exercise of sound judicial discretion can grant or refuse to grant interim relief.
Indian courts regulate the granting of a temporary injunction in accordance with the procedure laid down under Order XXXIX of the Civil Procedure Code, whereas, temporary and perpetual injunctions are prescribed by Sections 36 to 42 of the Specific Relief Act.
All about the temporary Injunction under Code of Civil Procedure 1908
Rule 1 is all about the cases where the temporary injunction may be granted.
Where in any Suit it is proved by affidavit or otherwise
1. That any property in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
2. That the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
3. That the defendant threatens to dispossess, the plaintiff or otherwise cause injuries to plaintiff in relation to any property in dispute in the suit.
The court in such cases may grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or dispossession of the property or dispossession of the plaintiff, or otherwise causing injuries to the plaintiff in relation to any property in dispute in the suit as the court may think fit, until the disposal of the suit or until further orders.
Rule 2 is all about Injunction to restrain repetition or continuance of breach
1. In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.
2. No attachment made under this rule shall remain in force for more than one year, at the end of which time if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.
Rule 2A is all about consequence of disobedience of breach of injunction
1. In case of disobedience of any injunction granted or order made under rule 1 or rule 2 of any of the items on which the injunction was granted or order made, the court granting the injunction or making the order, or any court to which the suit or proceeding is transferred, may order the property of such person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding 3 Months, unless the meantime the court direct his release.
2. No attachment made under this rule shall remain in force for more than one year, at the end of time if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.
Rule 3 is all about the “Before granting Injunction, court to direct notice to opposite party”
The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be give to the opposite party:
Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant-
(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with-
(i) a copy of the affidavit filed in support of the application;
(ii) a copy of the plaint; and
(iii) copies of documents oil which the applicant relies, and
(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.
All about the Order XXXIX of Code of Civil Procedure 1908 “Court to dispose of application for injunction within thirty days”
Where an injunction has been granted without giving notice to the opposite party, the Court shall make an Endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.