CPC ORDER XXXIX HSL

TEMPORARY INJUNCTIONS

1. Introduction

2. CONDITIONS:

A. Prima Facie Case:

Means on the face of it
Court will not go into the depth of the case, but will only peruse the record available

 Pleading showing existence of a right

 Affidavits & Documents
 Contentions of law
 Evidence is additionally considered at time of grant of permanent injunction

B. Irreparable Loss & Injury:

Black’s Law Dictionary:
Irreparable damages In the law pertaining to injunctions, damages for which no certain
pecuniary standard exists for measurement.

C. Balance of Inconvenience:
Which side the balance of inconvenience would lie if injunction is refused

3. CASES IN WHICH TEMPORARY INJUNCTION MAY BE GRANTED:

I. Danger Of Being Wasted

II. Damaged Or Alienation
III. Wrongfully sold in execution
IV. Threat or intend
V. Remove or dispose to defraud creditors
VI. Section 56 Specific Relief Act
VII. Question of Evidence

4. PROCEDURE:
i. Application for stay is filed with plaint
ii. Court can grant ad-interim stay
iii. Defendant will file reply to application along with written statement
iv. Arguments
v. Order of Court
 Allow application and grant stay till end of proceedings
 Dismiss the application

5. STAGE:
 Procedurally along with the plaint by the plaintiff
 However, plaintiff or defendant can file at any stage of the proceedings if required

6. WHO CAN APPLY FOR INJUNCTION?

 Either party

7. REMEDY:
 Appeal u/Order XLIII rule 1

8. EFFECTIVNESS:

Stay Order: from the date of passing of order

Injunctive order: from the date of notice