What is Temporary injunction? When and how a temporary injunction is granted? What is the principles of a temporary injunction?

An injunction is a court order requiring a person to do or cease doing a specific action. Temporary restraining orders and preliminary injunctions are temporary injunctions.

What is Temporary injunction?

Definition: According to order 39 of the CPC any order made temporarily prohibiting the defendant not to alienate, or to change or to damage the property in dispute during the pendency of the suit is called temporary injunction.

Thus temporary injunction is regulated under the provisions of rules 1-5, order 39 of the Code of Civil Procedure, 1908.

When and how a temporary injunction is granted

According to Order 39 Rules 1& 2 of the CPC –
Temporary injunction may be granted by the Court in the following cases—
a) where any property in dispute 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;
b) where the defendants threatens, or intends to remove or dispose of his property with a view to defrauding his creditors; or
c) where the defendants threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit; or
d) where the defendant is about to commit a breach of contract, or other injury of any kind; or
e) Where the court is of the opinion that the interest of justice so requires.

Order XXXIX Rule 2(3

In the case of disobedience of any injunction granted or other Order made under rule 1 or 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.

No attachment made under this rule shall remain in force for more than tone 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.

Principle
(a) prima facie case
(b) irreparable loss
(c) balance of convenience; and

Prima facie case: At first the court must consider whether the plaintiff makes out of a prima facie case in support of his claim.

The existence of a prima facie case in favour of the plaintiff is necessary before a temporary injunction can be granted to him. ‘Good prima facie case’ has been explained to mean that a serious question is to be tried in the suit and in the event of success, if the injunction be not granted the plaintiff would suffer irreparable injury.
Case: Uttara Bank vs. Macneill & Kilburn Ltd. 33 DLR.

Irreparable injury: “Irreparable injury” means that the injury must be one that cannot be adequately compensated for in damages. The mere fact that if no injunctions was granted the party would be open to criminal prosecution does not mean that irreparable injury would be non issue of an injunction.

Balance of inconvenience: The court should issue an injunction where the balance of convenience is in favour of the plaintiff and not where the balance is in favour of the opposite party. The meaning of “balance of convenience” in favour of the plaintiff is that if an injunction is not granted and the suit is ultimately decided in favour of the plaintiffs.

Case: MT. AymumNessa vs. md. Obaidul haque, 35 DLR