significance of temporary injunctions as interim order

8/2/2019 Significance of Temporary Injunctions as Interim Order

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By- Mitali Chaure

Roll no.-31


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INTRODUCTION

Every court is constituted for the propose of

administering justice among parties and,therefore, must be deemed to possess allsuch powers as may be necessary to do full

and complete justice to the parities beforeit.


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Meaning

An injunction is judicial process whereby a partyis required to do ,or to refrain from doing , any

particular act . It is a remedy in the form of anorder of the court addressed to a particular personthat either prohibits him from doing or continuingto do a particular act (prohibitory injunction);or

orders him to carry out a certain act (mandatoryinjunction)


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Doctrine explained It is well-settled principle of law that interim order can

always be granted in the aid of and as ancillary to themain relief available to the party on final

determination of his rights in a suit or any otherproceeding .

Therefore ,a court undoubtedly possesses the power to

grant interim relief during the pendency of the suit.

Temporary injunctions are thus injunctions issuedduring the pendency of proceedings.


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Object The primary purpose of granting interim relief is the

preservation of property in dispute till legal right andconflicting claims of the parties before the court are

adjudicated . The object of granting temporary injunction is to

maintain and preserve status qua at the time ofinstitution of the proceedings and to prevent any

change in it until the final determination of suit .It isin the nature of protective relief granted in favor of aparty to prevent future possible injury.


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Types Injunction are of the tow kind : (I ) temporary

(ii) permanent

A permanent injunction restrains a party forever fromdoing the specified act and can be granted only on meritsat the conclusion of the trial after hearing both the partiesto the suit . It is governed by sections 38 to 42 of the

specific Relief Act ,1963. A temporary or interim injunction, on the other hand,

restrains a party temporarily from doing the specified actand can be granted only until the disposal of the suit or

until the further orders of the court.


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Who may apply?

It is not the plaintiff alone who can apply for an interiminjunction . A defendant may also make an application forgrant of an injunction against the plaintiff .

Against whom injunction may be issued An injunction may be issued only against a party and not

against a stranger or a third party. It also cannot be issuedagainst a court or judicial officer . Normally , injunction can begranted against persons within the jurisdiction of the courtconcerned.


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Grounds :Rule 1

Where any property in dispute in a suit is in danger ofbeing wasted, damaged or alienated by any party to the

suit, or wrongfully sold in execution of a decree;

Where a defendant threatens, or intends to remove ordispose of his property with a view to defrauding his

creditors;


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Where a defendant threatens to dispossess theplaintiff or otherwise cause injury to the plaintiff inrelation to any property in dispute in the suit;

Where a defendant is about to commit a breach ofcontract, or other injury of any kind;

Where a court is of the opinion that the interest of

justice so requires.


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Principles The power to grant a temporary injunction is at the

discretion of the court.

This discretion ,however,should be exercised reasonably,judiciously and on sound legal principles .

Injunction should not be lightly granted as it adverselyaffects the other side.


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The grant of injunction is in the nature of equitablerelief , and the court has undoubtedly power to imposesuch terms and conditions as it thinks fit.

Such conditions , however, must be reasonable so asnot to make it impossible for the party to comply withthe same and thereby virtually denying the relief whichhe would otherwise be ordinarily entitled to.


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Interim relief for limited period

Where a court grant interim injunction orrelief for a limited period, it comes to an end

on the expire of that period. Normally , insuch cases, the plaintiff or his advocaterequests the court for extension or

continuation of such relief. But in absenceof specific order , it expires


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significance of temporary injunctions as interim order

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