Temporary Injunction

A temporary injunction is a provisional relief that aims to protect the subject matter in the
existing condition, without the defendant’s interference or threat. It aims to protect the plaintiff
from getting disposed off, or his property (subject matter) being destroyed or harmed, or from
any injury to the plaintiff. The primary reason behind a temporary injunction is to protect the
interests of an individual or entity, till the final judgement is passed. A temporary injunction,
when granted, continues to remain for a specified period of time, or till the court deems fit.

Temporary injunctions, as the name suggests, are the injunctions that are given for a specific
period of time or until the court gives further order regarding the matter in concern. They can be
obtained during any stage of the trial and are regulated by the Code of Civil Procedure (CPC),
1908[3]:

 Section 94: The section provides for supplemental proceedings, to enable the court to
prevent the ends of justice from being defeated. Section 94(c) states that a court may
grant temporary injunction and in case of disobedience commit the person guilty thereof
to the civil prison and order that his property be attached and sold. Section 94(e) of the
Code enables the court to make interlocutory orders as may appear to it to be just and
convenient.

 Section 95: If it is found by the court that there were no sufficient grounds to grant the
injunction, or the plaintiff is defeated in the suit, the court may award reasonable
compensation to the defendant on his application claiming such compensation.

Basic Ingredients of Temporary Injunction

Following are basic ingredients of temporary Injunction:

i. Prima Facie Case

Temporary injunction can be granted when applicant is able to show that he will get decision of
case in his favor. Therefore, first ingredient of temporary injunction is prima facie case. To grant
temporary injunction, court is to assess whether applicant’s case is prima facie or not and
applicant is to prove existence of prima facie case in his own favor.

ii. Irreparable Loss

Temporary injunction can be granted when there is possibility that applicant will suffer
irreparable injury or damage. Therefore, second ingredient of temporary injunction is irreparable
loss. However, temporary injunction cannot be granted when loss is ascertainable and pecuniary
compensation is available for such loss.

iii. Balance of Convenience

Temporary injunction can be granted when balance of convenience is in favor of applicant. In
fact, court is to examine whether applicant will suffer greater inconvenience in case of
withholding of temporary injunction or not. If applicant will suffer greater inconvenience, court
is to grant temporary injunction.
Grounds of Temporary Injunction:
O39 R1 provides that Temporary Injunction may be granted by court: It enlists the situations
when a court may grant temporary injunction. These are:

1. 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
2. the defendant threatens, or intends, to remove or dispose of his property with a view to
defrauding his creditors,
3. the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff
in relation to any property in dispute in the suit.

 Rule 2: It provides that an interim injunction may be granted for restraining the
defendant from committing a breach of contract or other injury of any kind to the
plaintiff.
 Rule 3: It states that a court shall direct a notice of application to the opposite party,
before granting the injunction to the plaintiff. However, if it seems to the court that the
purpose of the injunction would be defeated by the delay, it may not provide the notice.
 Rule 4: It provides for vacation of already granted temporary injunction.
 Rule 5: It states that an injunction directed to a corporation is binding not only on the
corporation itself, but also on all members and officers of the corporation whose personal
action the injunction seeks to restrain.

Disobedience or Breach of Injunction

Following points are important for explanation of disobedience or breach of injunction

i. When court can deal with disobedience or Breach of injunction

Court, which has granted temporary injunction, can deal with disobedience or breach of
temporary injunction.
ii. Attachment of Property of guilty
This court can order for attachment of property of that person, who is guilty of disobedience or
breach of temporary injunction.
iii. Duration of attachment
Attachment of property of guilty of temporary injunction should be for one year.
iv. Sale of Property of guilty
At end of one year of attachment, if disobedience or breach continues, attached property can be
sold.
v. Awarding of compensation
Out of such sale, court can award that compensation, which it thinks fit, and should pay balance
to that party, who is entitled to such balance.
vi. Detaining of guilty in prison
Court can also order to detain guilty of temporary injunction in prison.
vii. Duration of imprisonment
Guilty of temporary injunction can be kept in detention for six months. However, court can
direct his release during such detention.