An Injunction is defined as a judicial process whereby a party is required to do or to refrain from doing any particular act. Injunctions are of various types. They may largely be classified as
- Temporary or perpetual
- Prohibitory or mandatory
- Negative or positive
- Ad-interim or interim; etc. Temporary or Preliminary or interim or interlocutory injunctions.
Temporary Injunction And its Application is Defined under Order 39, Rule 1 & 2 of the Code of the Civil Procedure, 1908.
When the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court may grant a temporary injunction to restrain such as an act or make other order to prevent the dispossession of the plaintiff or to prevent the causing of injury to the plaintiff concerning any property in dispute. If the defendants are creating third-party interest/rights as he is trying to dispose of part of the property, the plaintiff can claim the injunction. The temporary injunction is a provisional remedy that is invoked to preserve the subject matter in its existing condition. Its purpose is to prevent the dissolution of the plaintiff’s rights. The main reason for use of a temporary injunction is the need for immediate relief. It may be granted at any stage of a suit. In other words, they operate during the pendency of the suit, appeal, or other proceeding or for a specific period. They do not conclude the rights and liabilities of the parties therein finally.
The procedure with regard to the grant of temporary injunction and interlocutory orders has been provided by order XXXIX C.P.C and section 36 and 42 of the Specific Relief Act, Section 94(c) of the Civil Procedure Code also gives supplement provisions for grant of temporary injunction.
It is also settled that there is no bar in granting an injunction or supplementary orders under Section 151 of the Civil Procedure Code for compliance of Injunction in just cases. The later provision of inherent powers increases the scope of civil courts for granting injunctions.
Object of Injunction
Its main purpose is to preserve the subject matter of the suit in the status quo for the time being. It can only be granted to restore Status Quo and not to establish a new state of things.
Who May Apply
Generally, it is the plaintiff who makes an application for an interim injunction. But a defendant may also make an application for the grant of an injunction against the plaintiff. So, both parties can approach the court.
Against whom Injunction may be applied
An injunction may be issued only against a party to the suit or proceeding and not against a stranger or a third party. It cannot be granted against a court or judicial officer as well.
Grounds (Rule 1 Order 39)
If the following circumstance doesn’t exist, then the court has no jurisdiction to grant it. They are-
- Where any property in dispute in the 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
- Where the defendant threatens or intends to remove or dispose of his property to defraud his creditor, or
- Where the defendant threatens to dispossess the plaintiff or otherwise intends to cause injury to the plaintiff in relation to any property in disputes,
- Where the defendant is about to commit a breach of contract or other injuries of any kind (Rule (1).
- Where the opinion of the court, the situation so warrants to meet the end of justice. (Section 94(c).
Model – Draft Application for Temporary Injunction
IN THE COURT OF SENIOR CIVIL JUDGE, DISTRICT SOUTH SAKET, DELHI
SUIT NO. _______ OF _____
Sh. ABC PLAINTIFF
Sh. XYZ DEFENDANT
APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER 39 RULE AND RULE 2 READ WITH SECTION 151, CPC
The plaintiff/applicant respectfully submits as under:
- That the plaintiff had filed a suit for permanent injunction which is pending for disposal before this Hon’ble Court.
- That the contents of the accompanying suit for a permanent injunction may kindly be read as part and parcel of this application. The contents are not repeated here for the sake of brevity.
- That the plaintiff/applicant has got a prima facie case in his favour and is likely to succeed in the same.
- That in case the defendant is not restrained by mena of ad-interim injunction for dispossessing the plaintiff from the above-said premises in question, the plaintiff shall suffer irreparable loss and injury which cannot be compensated in terms of money.
- That the balance of convenience lies in favors of the plaintiff and against the defendants.
- That the plaintiff prays this Hon’ble Court to pass ad-interim ex-parte injunction in favors of plaintiff and against the defendant thereby restraining the defendant from dispossessing the plaintiff from tenanted premises which are shown in site attached hereto till the pendency of the suit.
**Note – An Affidavit is to be attached to this petition