On this page you will read detailed information about Order 39 CPC : Temporary Injunction and Interlocutory Orders.
As a legal professional, you understand the importance of temporary injunctions and interlocutory orders under Order 39 of the Code of Civil Procedure (CPC). These powerful tools allow you to provide interim relief to parties until final disposal of suits. In this 100-word article, you will receive a refresher on the purpose, types, and procedures for securing temporary injunctions and interlocutory orders. With a complex web of rules governing these interim measures, a concise guide supports your ability to strategically leverage Section 94 for your client’s benefit during ongoing litigation. Arm yourself with knowledge before your next petition with the court. The succinct overview herein equips you to make convincing arguments rooted in established precedent.
Overview of Temporary Injunction Under Order 39 CPC
Purpose
A temporary injunction under Order 39 CPC refers to an order passed by the court restraining a party from acting in a particular manner or directing a party to act in a particular manner until further orders. The purpose of a temporary injunction is to maintain status quo and prevent irreparable loss or injury to the plaintiff during the pendency of the suit.
When can temporary injunction be granted?
A temporary injunction can be granted under Order 39 CPC at any stage of the suit before the final hearing when it appears to the court that 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. The court may grant a temporary injunction to restrain such act, or give such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property.
Conditions for grant of temporary injunction
The court will grant a temporary injunction only when the following conditions are satisfied:
- There is a prima facie case in favour of the plaintiff.
- Irreparable loss or injury will be caused to the plaintiff if the injunction is not granted.
- The balance of convenience lies in favour of the plaintiff.
Application for temporary injunction
An application for temporary injunction can be made by the plaintiff under Order 39 Rule 1 read with Section 151 CPC. The application should be supported by an affidavit stating the facts of the case and the grounds for grant of injunction. All documentary evidence in support of the contentions should be filed along with the application. The court will hear both parties before passing final orders on the application.
Consequences of disobedience or breach of temporary injunction
If any person disobeys or breaches an injunction order passed under Order 39 CPC, it will amount to contempt of court. The court may order the attachment of the property of the person found guilty of such disobedience or breach. The court may also punish the guilty person by imprisonment or fine or both under the provisions of Contempt of Courts Act, 1971.
When Can a Temporary Injunction Be Granted?
Under Order 39 of the Code of Civil Procedure (CPC), a temporary injunction can be granted at any stage of a suit pending the final disposal.
The plaintiff must prove a prima facie case to the satisfaction of the Court and show that denial of injection would cause irreparable loss or injury.
The Court considers the following factors before granting a temporary injunction:
Existence of a prima facie case
The plaintiff must establish a strong prima facie case in his favor. If the Court is satisfied that the plaintiff has a fair chance of succeeding in the suit, it will grant the injunction. The Court does not delve deep into the merits of the case at this stage.
Irreparable loss and injury
The plaintiff must prove that denial of the injunction would result in irreparable loss, injury or damage. If damages can be quantified and compensated, it would not amount to irreparable loss. The injury caused must be substantial and not trivial.
Balance of Convenience
The Court considers the balance of convenience of the parties before granting the injunction. If the Court finds that the inconvenience or injury caused to the defendant by granting the injunction would be greater than the inconvenience caused to the plaintiff by refusing it, the injunction will not be granted.
Conduct of parties
The conduct of the parties and whether any party has taken the law into their own hands is also considered. If any party has acted illegally or inappropriately, the Court may grant the injunction.
Public Interest
The Court also considers public interest before granting or refusing a temporary injunction. If the injunction would go against public interest or policy, it will not be granted.
In conclusion, the grant of a temporary injunction is a discretionary order by the Court based on the facts and circumstances of each case. The plaintiff must establish a strong prima facie case, irreparable injury and balance of convenience in their favor to obtain an injunction. The conduct of parties and public interest are also relevant factors considered by the Court.
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Applying for an Interlocutory Injunction
Establishing a Prima Facie Case
To obtain an interlocutory injunction, you must establish a prima facie case demonstrating that:
- There is a serious issue to be tried;
- Irreparable harm will result if the injunction is not granted; and
- The balance of convenience favours granting the injunction.
The threshold for establishing a prima facie case is low. You must show that your claim has a reasonable prospect of success at trial. However, you still need reasonably cogent evidence to support your position. Mere speculation or bare assertions will be insufficient.
Irreparable Harm
You must demonstrate that if the injunction is not granted, you will suffer harm that cannot be adequately compensated by damages. This includes harm to intangible interests like reputation, privacy or intellectual property rights. Economic loss alone is typically not enough. The harm must also be realistic and not hypothetical. Evidence such as affidavits, documents, correspondence, etc. should be provided to support your claim of irreparable harm.
Balance of Convenience
The court will weigh the harm to you if the injunction is refused versus the harm to the other party if it is granted. Factors considered include: which party will suffer the greater harm; the effect on third parties; and the public interest. The court may require you to provide an undertaking as to damages in case it is later determined that the injunction should not have been granted.
Interim vs. Interlocutory Injunction
An interim injunction is granted on an ex parte basis, without notice to the other side. It is intended to preserve the status quo urgently until the interlocutory injunction application can be heard. An interlocutory injunction is granted after hearing both parties. It remains in effect until trial or further court order. The tests for both interim and interlocutory injunctions are the same.
In summary, to obtain an interlocutory injunction, you must provide reasonably cogent evidence establishing a prima facie case, irreparable harm and balance of convenience in your favor. An interim injunction may be granted urgently on an ex parte basis, while an interlocutory injunction is determined on a contested basis after hearing both sides.
Enforcement and Modification of Interlocutory Orders
When an interlocutory order such as a temporary injunction has been granted under Order 39 CPC, the court retains the power to enforce the order or modify, vary or rescind it during the pendency of the suit.
Enforcement
If any party disobeys or fails to comply with an interlocutory order, the aggrieved party may apply to the court for directions to enforce the order. The court may issue a warrant for the attachment of property of the disobedient party or order that the party be detained in civil prison. The court may also impose a fine or award damages to the aggrieved party.
Variation or Modification
Any party may apply to the court to modify, vary or rescind an interlocutory order on sufficient cause being shown. The court will consider if there has been any change in circumstances or new facts have emerged warranting a variation or modification of the order. The court has the power to modify an order on such terms as it thinks fit. Modification of an interlocutory order does not affect the finality or conclusiveness of the order.
Rescission
The court may rescind or cancel an interlocutory order on an application by any party on sufficient cause being shown. Rescission of an order renders it void ab initio as if it never existed. The court will consider if the order was obtained by fraud or suppression of material facts or there has been a change in circumstances warranting rescission. An order rescinded stands nullified retrospectively.
In summary, the court retains control over interlocutory orders during the pendency of a suit and may enforce, modify, vary or rescind such orders to meet the ends of justice and prevent abuse of its process. The parties to a suit have the right to apply for appropriate directions from the court in respect of interlocutory orders.
Frequently Asked Questions on Order 39 Rule
Temporary injunctions under Order 39 of the Code of Civil Procedure are intended to preserve the status quo and prevent irreparable injury to the applicant until the final disposal of the suit. They aim to restrain the defendant from alienating, damaging or disposing of the property in dispute in the suit or from discontinuing the use of a trade name, etc. pending final decision.
Order 39 provides for three types of temporary injunctions:
1. Temporary injunction to restrain the defendant from committing breach of contract or other injury. This is the most common type of injunction and is sought to prevent breach of an existing contract.
2. Temporary injunction to restrain the defendant from alienating property. This injunction prevents the defendant from selling, transferring or alienating the property which is the subject matter of the dispute.
3. Temporary injunction to restrain the defendant from using a trade name or trade mark. This injunction restrains the defendant from using a trade name, trade mark or design in a manner violating the plaintiff’s rights.
The procedure to obtain a temporary injunction under Order 39 involves two stages:
Application for temporary injunction: The applicant files an application for temporary injunction supported by an affidavit stating the facts of the case, the injury that is likely to be caused if the injunction is not granted, etc. The court examines the application and affidavit and may grant an ex parte injunction.
Hearing of the application: The court fixes a date for hearing the application. On the date of hearing, arguments are heard from both sides. The court considers the merits of the case and passes appropriate orders either confirming, modifying or vacating the ex parte injunction.
The court considers the following factors while granting a temporary injunction:
Prima facie case: The applicant must establish a prima facie case in his favor. The court examines whether the applicant has a fair question to raise as to the existence of the right claimed by him.
Balance of convenience: The court balances the convenience and inconvenience of the parties if the injunction is granted or refused. The court is more inclined to grant an injunction if greater inconvenience will be caused to the applicant by refusing it than to the defendant by granting it.
Irreparable injury: The applicant must prove that refusal to grant injunction will cause irreparable injury or damage to him, that is, an injury which cannot be adequately compensated in damages.
Undertaking as to damages: The applicant gives an undertaking to pay damages in case it is found that the injunction was wrongly granted. The object is to safe
Conclusion
While the provisions of Order 39 CPC provide a mechanism to seek temporary injunctions and interlocutory orders, you must exercise caution in using these. Ensure your case meets the requirements of prima facie case, irreparable loss and the balance of convenience to convince the court. Further study the latest case laws that interpret these provisions to strengthen your case. Approach competent lawyers to understand the nuances before filing. Timely filing, compliance with procedures and presenting a watertight case are key to succeed. Consider an out-of-court settlement if possible. Weigh the costs versus benefits before proceeding. You now have clarity on availing temporary reliefs under Order 39. Use this knowledge judiciously.
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