What are the points of consideration in the matter of granting a temporary injunction and permanent injunction when it should be granted?

Question: What are the points of consideration in the matter of granting a temporary injunction and permanent injunction when it should be granted? [U.P.H.J.S., 1995, BIHAR J 2000, Raj. J. 1994, WBJ 1999]

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Answer

The points of consideration when granting the temporary injunction was taken up in a famous case of Dalpat v. Prahlad, [AIR 1993, SC 276], wherein the following considerations emerged:

1) Prima facie case:

The applicant must have a prima facie case. A prima facie is a condition precedent for grant of temporary injunction. While explaining the ambit and scope of the connotation “prima facie” case in Martin Burn Ltd. v. Banerjee, [AIR 1958 SC 79], the SC observed that a prima facie case does not mean a case proved to the hit but a case which can be said to be established if the evidence which is led in support of the same were believed.

2) Balance of convenience:

The balance of convenience must be in favor of the person who is knocking on the doors of the court. The court must be satisfied that the inconvenience caused in case of nongrant of the injunction will be greater than that which is likely to cause to the opposite party.

3) Irreparable loss or injury:

The applicant must show that if the injunction is not granted, he will suffer irreparable loss. Irreparable loss means loss that can not be adequately remedied by damages if the injunction is not granted.

However, the above-laid points are non-exhaustive, and granting of injunction remains a discretionary power of the court.

The cases in which a temporary injunction may be granted have been given under Rule 1 Order XXXIX of CPC, 1908. According to which – Cases in which temporary injunction may be granted – Where in any suit it is proved by affidavit or otherwise,-

1. That any property in dispute in a suit is in danger of being wasted, the damage proved by affidavit or otherwise, or alienated by any party to the suit, or wrongfully sold in execution of a decree,
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 injury to the plaintiff in relation to any property in dispute in the suit.

Kinds of Injunction

1) Temporary Injunction

2) Permanent Injunction

A temporary injunction or interim injunction restrains a party temporarily from doing the specified act and can be granted only till the disposal of the suit or till the further orders of the court. It is governed by the provisions of Order 39 of CPC. It may be granted at any stage of the suit – Section 37 (1) of the Specific Relief Act, 1963.

On the other hand, a permanent injunction restrains a party permanently from doing the specified act and can be granted only on merits at the conclusion of the trial after hearing both the parties to the suit – Section 37 (2) of the Specific Relief Act, 1963.

A permanent injunction is governed by Section 38 to 42 of the Specific Relief Act, 1963.

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