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Temporary Injunction
The learned judge of the High Court Division without reversing the finding of the first appellate Court on the question of possession granted temporary injunction.
Held: Without this finding of fact being reversed. which being a question of fact could not be disturbed under the revisional jurisdiction, the order for temporary injunction could not be legally passed by the learned Single Judge of the High Court Division. [Babul Chandra Biswas Vs. Dina Bandhu Chowdhury 31 DLR (AD) 319]
Circumstance when temporary injunction can be granted-Injunctions are granted when the court is satisfied (1) that the applicant has a prima facie case to go to trial; (2) that protection is necessary from irreparable injury before his legal right can be established; (3) the mischief inconvenience likely to arise from withholding injunction will be greater than which is likely to arise from granting it. It is well settled that there can be no injunction for actionable wrong for which damages are proper remedy. [Uttara Bank Vs. Macneil & Kilburn Ltd, 33 DLR (AD) 298]
Confirmed and Irrevocable Letter of Credit having not issued-Its effect-Considering the contract and the Letter of Credit it is manifested that the Letter of Credit was required to be both confirmed and irrevocable when it can not be suggested that the reputation earned by the plaintiff could be compensated in terms of money and hence the appellate Court was wrong on the question of refusal of interlocutory injunction. [Gloland (Far East) Pvt Ltd Vs. Government of the People's Republic of Bangladesh & others 4 BLC 480]
It appears that the trial Court did not decide the nature of the suit land as it was on the date of filing of the suit but it had to pass the ad interim order of demolition to restore the position as it was. It is well settled that a court has inherent power under section 151 of the Code of Civil Procedure to order temporary injunction in mandatory form if it is necessary to restore status quo relating to the suit property during the disposal of the suit. [ Fariduddin Talukder (Md) Vs. Md Azizul Islam Talukdar and others 8 BLC (AD) 19]
Temporary injunction
In a suit for specific performance of contract an order of injunctio’ estraining alienation of property is unnecessary as section 52 of Transfer of Property Act evidently provides adequate safeguard — Specific Relief Act, I 877(1 of 1877), S. 56(1).
Haji Md. Elias and another Vs. Mrs. Suraya Rahman, 1BLD (HCD) 147
Ref: 9 C.L.J; 96; 34 C.L.J. 79; 5DLR 470; PLD 1968 (Lah) 501; A.I.R.1930 (Lah) 858; A.i.R.1930 (All) 387; A.I.R.1938(Lah)220— Cited.
Order 39 rule 1 and 2
The schedules described in the application for temporary injunction, the land shown in three Khatians with separate boundaries. Those lands do not show that there are in one Block. In order to get an order of injunction, the land in dispute for which injunction is sought for, it should be clearly identified.
Where the plaintiff did not mention the boundary of the specific plot and there is no specific demarcation, in that view of the matter, granting injunction in favour of the plaintiff can not be sustained.
The High Court Division held that in the present suit it appears that the land for which temporary injunction was sought for, is vague, unspecified, indefinite. It has already been settled by our apex court reported in 55 DLR page 564, It was held where the plaintiff did not mention the boundary of the specific plot and there is no specific demarcation, in that view of the matter, granting injunction in favour of the plaintiff can not be sustained. On perusal of the record, it appears that some photocopies of the documents were filed by the plaintiffs to prove their prima-facie case in the suit land. So, the plaintiffs were failed to prove their prima-facie case and possession in respect of the suit land. Having regard to the facts and circumstances, the High Court Division is inclined to hold that the learned court below committed error of law and facts in granting temporary injunction in respect of land as described in schedule of the application which was not sought by the plaintiffs in their application for temporary injunction. The High Court Division finds merit in this appeal. In the result, the appeal is allowed....(16-20) [2022] 24 ALR (HCD) 42
Injunction to co-operation binding on its officers.
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 it seeks to restrain.
It is always to be borne in mind that Temporary Injunction are regulated by the rules 1 and 2 of order XXXIX read with section 94 of CPC. (1983 BLD 148 AD). So long as the suit is not thrown out as being not maintainable an application for Temporary Injunction under rules 1 and 2 of order XXXIX can be maintained. (1985 57H). But maintainability of suit cannot be properly decided at any stage of hearing of application for Temporary Injunction. (30 DLR 244 H).
The High Court Division when exercising original jurisdiction has inherent power to grant Temporary Injunction even in cases which are not covered by rules 1 and 2 or order XXXIX but the High Court in dealing with the matter as an Appellate or Revisional authority, can grant injunction only if the case is covered by the provisions of order XXXIX. (36 CWN 292. 1932 Cal 353, 1960 Cal 582; 40 CWN 172; 37 DLR 66 Rang). But in appropriate case the court has inherent power to grant injunction under section 151 for the ends of justice even if the matter is not covered by rules 1 and 2 of order XXXIX (20 DLR 501 Dac; 36 DLR 18H, 35 DLR 42 AD, 31 DLR 144 AD Contra 31 DLR 120H). The power to be exercised by the court under order XXXIX is absolutely a discretionary one. The Court in issuing an order of injunction must be carefully consider the surrounding circumstances. (25 DLR 301H). So Temporary Injunction under section 53 of S. R. Act, 1877 may be granted when circumstances satisfy the provisions of rules 1 and 2 of order XXXIX. 37 DLR 87 H.
Temporary Injunction and appointment of Receiver.-In an application for Temporary Injunction there may be an appointment of Receiver, if the puffs wants alternative (23 DLR 14 Dac; 5 CWN 365) It is to be noted that the appointment of Receiver partition suit is not to be made unless special circumstances are made out. But where there arise an order of injunction restraining transfer no receiver should be appointed. 1984 BLD 229 AD; 27 DLR 503H Contra 1940 Sind 117,31 Cal 219.
It will not be out of the place to mention that an injunction is strictly a conservative remedy, merely restrai-ning action and preserving Status quo, without affecting the possession of the property or jund in controversy; while the appointment of receiver is usually a more active remedy, since it changes the possession as well as the subsequent control and management of the property. The object sought in appointing receiver pendent lite is to prevent injury to the thing controversy and to preserve it unimpaired for the security of all parties in interest, that it may be disposed of in accordance with the final decree of the court; whereas the object of ad interim injunction is to preserve the subject in controversy is the condition and, without determining the question of right involved, it seeks to prevent the further perpetration of wrong or the doing of any threatened act which may result in injury to the rights of the party complaining. It is to be noted that appointment of receiver can be made in an application of temporary injunction, even suo motu if the circumstances and facts justify. 1981 BCR 132H; 25 DLR 251H, 34 DLR 154H; 27 DLR 503H; 1971 Andra 3101.
An injunction can be granted even in respect of proceeding pending in foreign court if the party to be so restrained resides within the jurisdiction of the court granting the injunction (1920 Cal 798. 36 Cal 233). So subordinate court can issue a temporary injunction restraining a party proceeding with a suit or other proceeding pending in a superior court. 23 Cal 351; 1925 Cal 233: 1922 Pat 225.
So in the case law reported in 31 DLR 19 pat 20H it has been held that when an interim injunction is passed exparte. In the absence of opposite party, as such as a preemptive action, ends of justice and equity demands that the moment the opp. party restrained and aggrieved by such ex perte injunction appears and moves either for vacating the Interim Injunction or for hearing the substative application for temporary injunction to the prayer of the party aggrieved and restrained by ex perte injunction order. In exceptional circumstances as for example in the case of extreme urgency or where the order of Injunction la, on the face of it. without jurisdiction. An application under rule 4 may be made for varying an ex parte order made under rule-3 but such an application can be disposed of only on hearing the parties on merit. 35 DLR 42 AD
Without reserving the finding of the first appellate court on the question of possession granted injunction, cannot be disturbed, under revisional jurisdiction, the order of temporary injunction (31 DLR 319 AD). The order of the trial court is in a order of ad interim injunction which presupposes a hearing as to the matter of temporary injunction (31 DLR 386H, 117H 33 DLR 298 AD). Mere fact that person aggrieved by grant of temporary injunction could move the court for its discharge under rule 4 or section 115 if he can show that impugned order was utterly arbitrary. 21 DLR 350 Kar.
An appeal also lles from an order refusing to set aside an injunction under rule 4 of order XXXIX. Where the court takes an order taking from the deft, it amounts to a temporary injunction, and as such an order refusing to commit the deft under rule 2 (3) of order XXXIX from breach of it, is appealable (1955 Cal 351; 134. I.C 1165, 1939 Lah 282). An interim injunction passed by the trial court, appeal lies to District Judge. 35 DLR 42 AD, 1981 BLD 93 H.
Meaning of temporary injunction.-(1) An injunction is a judicial process whereby a party is required to do, or to refrain from doing, any particular act. So Injunction is a most solemn authoritative form of order made by the Court. PLD 1965 Kar 584; 38 CWN 771: 42 CWN 496.
We know that injunction is a judicial order by which a party is required to do a certain act or is prohibited and restrained from doing some other act. Its main object is to maintain status quo. PLD 1965 Kar 554, 22 DLR 81 SC 1969 PLD Kar 349.
Injunction would lie only to restrain any breach of contract or commission of an injury. 25 DLR 293H, 274H, 28 DLR 415H.
Temporary injunction.-The section 53 of S.R Act provides the temporary injunction are regulated by the provisions of The Code of Civil Procedure (31 CLJ 259). So the provisions of the Code of Civil Procedure 1908 regulates the granting of temporary injunction which is a purely a matter of discretion of the court. 25 DLR 301H
Conditions of granting injunction.-An injunction can be granted, the following conditions must be fulfilled
(i) that the suit must be a duly constituted suit;
(ii) that suit must be pending, but no injunction can be granted, if the suit has not been filed, or if it disposed of and temporary injunction cannot be granted, it suit has been dismissed for default, though an application for its restoration is pending (77 IC 238: 1924 Oud 345).
(iii) that the suit must be pending on the file of the court which is asked to grant an injunction.
So a person who seeks a temporary injunction must satisfy the court-
(a) that there is a serious question to be tried at the hearing and there is probability that he will be entitled to the relief sought by him or in other words, he has a prima facie to go to trial. 37 DLR 103H. 11 DLR 103 Dac, 470 Dac, 33 DLR 386H, 298 AD 1981 SC 1426.
(b) that the court's in reference is necessary to protect him from irreparable injury before his right can be established on trial; and
(c) that the comparative mischief on the inconvenience which is likely to arise from with holding the injunction will be greater than that which is likely to arise from granting it 1970 PLD 139 SC: 26 DLR 157H.
It is to be borne in mind that court is not bound to grant injunction in every case falling within the provisions of order XXXIX (1957 Andra 543). This statutory provisions is construed to confer upon the court's unlimited power to grant temporary injunction in all cases it would be right and just to do so. So the court should grant injunction for the protection of rights or prevention of injury according to legal principle. The sole object of an injunction is to prevent further injury, leaving matters as far as possible in Status quo till the suit. In all its bearing can be heard and determined. 22 DLR 51 SC; 25 DLR 274: 29 DLR 82 SC.
So temporary injunction like an attachment is not final but is merely an action which delays something being done which may defeat the plaintiff of his lawful rights (1939 Rang 321) it is always to be borne in mind that injunction should not change the status quo. It the affect of injunction would to alter the Status quo during pending pendency of the trial, is not a fit case for issuing temporary injunction. 1970 DLR 732; 22 DLR 694. 11. Object of ad interim injunction.-So the effect and object of ad interim injunction is merely to keep the matter in Status quo until final disposal of the suit. 22 DLR 149 SC 41 SC 697, 31 DLR 386H, 117H 33 DLR 298 AD.
Right for temporary injunction.-So the right for temporary Injunction has been prescribed by order XXXIX Section 53 of S.R Act by itself imports no right in a Temporary injunction which is dependent on the C.P.C. (1963 Andra 365). It is noteworthy to point out that the general power of the court in regard to interlocutory application have been codified in section 94 of CPC. The section 94 does not releas to the merit involved in a suit but provides a certain supplementary proceedings not for the purpose of facilitating the trial of suit but for the save of ends of justice. 199 27 DLR 358H; 508H, 31 DLR 144, vide Ante P-666.
So section 94 embodies a general power which sums up the general powers of the court in regard to the various kinds of interlocutory orders. But under clause (c) of section 94, the court can grant a Temporary Injunction. So reading the section 94 with order XXXIX, it follows that the court has the power to grant temporary injunction is limited to cases prescribed by rule 1, and 2 of order XXXIX of CPC, 22 DLR 995 Dac; 35 DLR 42 AD.
Where plaintiff has no right title an interest, no injunction can be granted, (31 DLR 19 AD, 33 DLR 298 AD. 10 DLR 193 Dac, 37 DLR 66 rang, 103H 17 DLR 319 Dac). So the right to obtain a Temporary injunction is an ancillary to right to file a suit and the only requirement is whether the plff has an arguable Prima facie case and whether he will suffer irreparable loss if the injunction is not granted (37 DLR 667. 103H. 30 DLR 444H, 11 DLL 103 Dac 35 DLR 25H, 42 AD). So temporary injunction is on property are regulated by rule 1 (a) and (b) of order XXXIX (1983 BLD 148 AD, 35 DLR 42 AD, 22 DLR 695 Dac 25 DLR 293H, 31 DLR 144 AD. 212H 33 DLR 298 AD). In the absence of any material facts that the order maintenance of Status quo would not interfere with the development plan, the same cannot be maintained. 1984 BLD 304H.
In interim injunction: The interim injunction is only the Provisional remedy. It is preliminary to the hearing on the merit and by no means dependent on such hearing. As the object of Interim or Temporary Injunction is to maintain and preserve status at the time of institution of the proceeding and to prevent any change in ti until final determination of the suit. 22 Cal 458; 20 DLR 244H, 31 DLR 117H, 386H; 22 DLR 647H, 26 DLR 157H, 11H.
It is important to point out that no temporary injunction can be granted which will have the effect of granting the entire relief in the suit in the absence of apparent urgency or injury to the applicant (40 CWN 1201) Court should refrain from granting Injunction restraining performance of contractual obligations arising out of letter of credit or a bank guarantee between one bank and another (83 CWN 802). Temporary injunction likely to cause mischief cannot be granted. 26 DLR 10H, 22 DLR 41 SC 16 DLR 48H
Object of temporary injunction: The primary object of Temporary injunction is to prevent mischievous, waste, unlawful alienation, fraudulent removal of disposal or wrongful seizure in execution of the property in dispute pending the trial of suit, in order to preserve the property in dispute in Status quo until the final hearing of the case or until further order. So it is merely provisional in its nature and does not canceled a right. It is granted in aid of the legal right sought to be established and the object is to preserve the property till a find decision is given. Sole object of the temporary injunction is to preserve the subject in its prior condition and without determining any question of right, merely to prevent further perpetration of wrong or the doing of any act whereby the right in controversy may be materially injured or endangered only, such restraint will be imposed as may suffice to stop mischief complained of to preserve matters in Status quo. 22 DLR 41 SC 31 DLR 117H: 36 DLR 18H: 1970 DLR 732: 35 DLR 1 AD; 33 DLR 291H: PLD 1969 Kar 350.
Established principles: Unless the well established principles of law governing the grant of temporary injunction are satisfied, rule 2 of order XXXIX, cannot be successfully invoked (1963 Andra 640). So the three well established principles as follows
(1) The plaintiff has to establish a Prima facie cases;
[ii] secondly it was to be shown that the Plaintiff will suffer irreparable loss if the injunction is not granted and [iii] thirdly, the balance of convenience lies in favour of the plaintiff and in favour of granting the temporary injunction prayed for (35 DLR 25 HD 42 AD). But where relief which the plaintiff claims can be compensated by money on his success temporary injunction cannot be granted. (35 DLR 293 HD. 29 DLR 82 SC).
Irreparable injury: Temporary injunction are regulated by CPC under rules 1 and 2 of order XXXIX (1983 BCR 148 AD. 35 DLR 42 AD). Application at any stage of the suit. 37 DLR 83 Rang.
Temporary or interim injunction may be granted on an interlocutory application at any stage of the suit. The injunction is called temporary for it endures only until the suit is disposed of or until the further order of the court. 37 DLR 83 Rang 31 DLR 38H.
To justify a temporary injunction not only must the cases be such that an injunction is an appropriate relief but there must be the further ingredient that unless the deft. is restrained forth with by a temporary injunction irreparable injury or incontinence to the piff before the suit is decided oupon its merits. PLD 1966 Kar 472; PLR 1966 (2) W.P. 279: 22 DLR 81 SC.
The court issuing an order must be careful under the circumstances. 25 DLR 30H. 31 DLR 386H. 32 DLR 18H. 26. The temporary injunction under rule I is granted when the property is in danger of being wasted. damaged alienated that the court ought to interfere (29 CLJ 584, 23 CWN 677). Unless threatened injuries irreparable, when the deendant is in actual possession and the plaintiff is out of possession, the court will not grant injunction against deft, (23 CWN 677: 25 DLR 274H: 29 DLR 82 SC). But injunction will lie at the instance of a person out of possession when irreparable injury is proved. 11 DLR 470 Dac 22 DLR 98 SC.
Further deft may pray for an injunction under rule 1. when the plff commits any such act as is refereed to in rules 1 and 2 (1939 Mad 495; 1968 Raj 212; 22 DLR 695; 35 DLR 42 AD). The temporary injunction can be justified only when it is necessary incident to the granting of such final relief with respect to the property in dispute in the suit as the a plff appears to be entitled to but the temporary injunction should not be granted if the permanent relief sought is not obtainable 1984 BCR 302H: 1984 BLD 305H: 22 DLR 41 SC: 23 DLR 189 Dac.
In deciding prima facie case the court is to be guided by the apparent strength or otherwise of plff's case as reveals in the affidavit or other materials (1976 kant 53), So in order to make out a prima facie case the plaintiff need not establish his title. He is not required to make out a clear legal title. Enough if he can show that he has a serious question to be tried.
The good prima facie case means a case where the plaintiff has fair question to raise at the trial and the suit is not likely to fail on technical flaw. Where the plaintiff is not able to make a prima facie case, the temporary injunction cannot be granted. 22 DLR 98 SC; 41 SC; 11 DLR 103 Dac, 470; 28 DLR 415H: 25 DLR 69H; 26 DLR 157H: 30 DLR 244 AD: 37 DLR 103H: 38 DLR 103H; 33 DLR 298 AD: 35 DLR 298H.
The mere showing of Prima facie case is not sufficient. So in the matter of temporary injunction one of the guiding principles as laid down in section 56 of Specific Relief Act. 1887, is that the applicant should have some personal interest in the matter. 17 DLR 319 Dac.
In deciding the prima facie case, the court is to be guided by the plff's case as revealed in the plaint, Affidavits or other material produced by him. It is to be noted that inspite of Prima facie case in favour of a party no injunction can be granted when threatened injury can compensated. 1984 BLD 36 AD, 29 DLR 196 SC, 82 SC, 35 DLR 293 AD. 33. For grant of relief by temporary injunction court need not enter into the merits of the case. It is to see whether fair and arguable case exists in favour of plff. 28 DLR 415H: 11 DLR 470 Dac, 30 DLR 244H, 31 DLR 386H.
Arguable case: The grant of an injunction is a serious matter, court should take good care and grant an injunction only in cases where such an injunction is essential. But injunctions are never lightly granted Temporary Injunction is essential. But injunctions are never lightly granted Temporary injunction likely to cause mischief to other. cannot be granted (26 DLR 11H: 18 DLR 463 Dac: 21 DLR 365 SC: 19 DLR 106 Dac; 22 DLR 284 SC: 41 SC: 29 DLR 168 SC; 82 SC). The object of the injunction is to preserve the Status quo. 31 DLR 386H. 47H, 28 DLR 415H, 22 DLR 41 SC.
No Court should go into the merit of the sult in which temporary injunction is prayed for. If the piff has got an arguable case that is enough for the purpose of temporary injunction. PLD 1959 Dac 498, 11 DLR 103 Dac, 22 DLR 41 SC, 33 DLR 298 AD, 212H.
A temporary injunction shall not be granted on the rule of balance of convenience sloe in the absence of Prima Jacle in favour of the plf. 22 DLR 98 SC; PLD 1970 SC 180; 33 DLR 298 AD. 40. Thus an temporary injunction should be issued after the party seeking it, has established a Prima facie and balance of convenience is found to on the side of the applicant. 22 DLR 98 SC); 41 SC; 28 DLR 418 SC; 25 DLR 69H; 301H, 35 DLR 42 AD: 25H, 1983 BCR 148 AD: 37 DLR 103H; 11 DLR 103 Dac.
So temporary injunction can only be issued where the applicant shows that if it is not issued, he is likely to suffer irreparable loss or injury. (29 DLR 82 SC, 22 DLR 41 SC, 35 DLR 25H, 293H, 1984 BLD 36 AD 33 DLR 298 AD.
Irreparable injury.-(1) True it is that before being entitled to an order of temporary injunction the plff must establish case, that irreparable injury being apprehended and that the balance of convenience is in his favour. Thus the expression "Irreparable injury" does not mean that there should be no possibility of repairing the injury. It only mean that the injury must be adequately compensated by damages. (29 DLR 82 SC, 35 DLR 293H).
It must be proved to the satisfaction of the court that unless deft, is immediately restrained by an temporary injunction, irreparable loss or damage will be cause to the piff during the pendency of the suit (1960 PLD 153 Dac, 11 DLR 470, 29 DLR 82 SC, 25 DLR 274H 35 DLR 293H). It is to be noted that injury must be legal injury and not any fancied injury. (29 DLR 82 SC, 25 DLR 274H, 22 DLR 41 SC).
Clean hand.-(1) From the order XXXIX it is clear that the presence of imminent danger entitles the plff to temporary injunction (22 DLR 697, 81 CWN 648 contra 274, 28 DLR 414 Dac) and the temporary injunction is regulated by provisions of rules 1 and 2 of order XXXIX (vide also section 53 of S. R. Act 1877. 25 DLR 293H, 22 DLR 695 Dac: 35 DLR 42 AD, 26 DLR 157H; 22 DLR 98 SC.
The rules 1 and 2 of order XXXIX lay down a definite procedure for the issue of temporary injunction. (25 DLR 2931). For granting of relief by temporary injunction, the court need not entertain the merit of the case as it necessary for the decree, 29 DLR 414H). All the court usually has to consider it. whether the case is so clear that and free from objection, on equitable grounds, that it ought to interfere, without waiting for the rights to be finally established. It is not necessary that the court should find out a case which would entitle the piff to relief in all events. It is sufficient, if a case is made out which shows
(i) that there is substantial question to be investigated and
(ii) that the matters ought to be preserved in Statutes quo, until the question is finally disposed of. 11 DLR 470 Dac, 28 DLR 415H, 33 DLR 212H, 298 AD, 31 DLR 386; 22 DLR 98 SC.
Another principle is that injunction being an equitable relief party seeking an injunction must come in clean hands. (1971 Cal 507). So party supporting material fact from court does not deserve granting of any discretionary relief much less a temporary injunction (1968 Deral 179). In a suit for specific performance of contract of sale, an order of ad interim injunction is unnecessary as section 52 of T. P. Act 1882 provides remedies. 1981 BLD 157.
Delay when fatal: The delay is not always a ground for refusing injunction. It is well established that the delay is not material so long as the matters remain in Status quo. 11 DLR 471, 103 Dac. 54. Delay may be explained and it will not then disentitled the plff to relief, and no hard and as rule can be laid down as to the period within which a suit of injunction is to be filed and a temporary injunction is to be prayed for. Each case is to be decided with reference to its facts and circumstances. 11 DLR 103 Dac, 25 DLR 293. 55. While considering whether the object of granting injunction would be defeated by delay, if any, the principle underlying in clause (K) of section 56 of S, R Act or the rule of balance of convenience and inconvenience cannot be ignored. 17 DLR 319 Dac.
Duration of temporary Injunction.-It is always to be borne in mind that injunction cannot be granted for an indefinite period of time (25 DLR 273; 17 DLR 46 Dac; 32 DLR 18H; 1965 PLD 671 SC). A specified time mentioned in the order or until the disposal of the suit in which it is granted or until the further order of the courts. It is regulated by the provisions of order XXXIX. 11 DLR 420 Dae: 1939 Rang 321: 1925 Cal 718.
Effect of Temporary Injunction.-(1) Any transfer of property, made contrary to an order of injunction is not void and illegal (1929 Oudh 235). The party guilty of the breach of an Injunction will be liable for the contempt of the Court or damages. 18 DLR 384, 9 DLR 444 Dac. 59. The effect of a temporary injunction may sometime be more comprehensive than appear of face of it. The effect of an ad interim injunction is meraly to keep the matter in Status quo until final disposal of the suit. 22 DLR 415 Dac; 1982 BLD 151H, 32 DLR 18H, 35 DLR 42 AD, 1984 BLD 302 AD, 9 DLR 444 Dac
Injunction is a specific order of the Court forbidding the commission of a wrong threatened or continuance of a wrongful cause of action which had already begun. Its primary purpose is preserving matters in Status quo. It never assumes finality to dispose of the right. So an order of maintenance of Status quo is in effect an order of Temporary Injunction. 1984 BLD 302H, 306H; 31 DLR 117H
In what cases Temporary Injunction can be granted or when cannot be granted.-A temporary Injunction may issue in the following cases: (1) In a suit for simple declaration, a temporary injunction can be granted. 1981 BLD 57 AD, 28 DLR 181H; 25 DLR 1H, 21 DLR 41 Dac, 14 DLR 272, 1926 Lah 523, 26 DLR 10H. 30 DLR 161H, 29 DLR 168 SC 33 DLR 298 AD.
(ii) In a suit for perpetual injunction a temporary injunction ought not to be refused where such refusal would defeat the object of the suit. 37 DLR 66 Rang 83H, 1953 Lah 628, 1932 Cal 353.
(ii) Temporary injunction may issued in suits based on breach of contract or Tort. But an injunction will not be issued to prevent a breach of contract which cannot be specifically enforced. Rule 2 regulates the grant of temporary Injunction in suits for injunction against apprehended breach of contract or other injury of any kind (PLR 1973, 95). irreparable injury is proved. Injunction lies at instances of person out of possession when 11 DLR 471, 29 DLR 82 SC.
(iv) An Injunction can be granted for prohibiting interference with the possession of the plff when he is in possession. But when the property is in the possession of receiver no injunction can be granted. It is to be noted that where the question of possession in land is doubtful, no decision as to temporary injunction can be given, the proper course to appoint a receiver till disposal of the question of possession or suit. 21 DLR 837 Dac.
Temporary injunction in a suit must be in consonance with the relief sought (1984 BCR 423 AD) The right to assert of getting injunction must be a legal right; mere prospect or apprehension of injury would not entitle the plff to an order of injunction. 1981 BCR 436H. (x) Elected representative should not ordinarily be restrained from discharging their functions (1918 Delhi 15). Injunction should not normally be granted to arrest holding election when it has been fixed. 31 DLR 119H.
If is pertinent to point out that when the question of the smooth working of the public administration or national economy is involved, the rule of balance of convenience is to refuse the prayer for temporary injunction (29 DLR 168 SC). When temporary Injunction likely to cause mischief in the internal management of the college cannot be granted (26 DLR 11). No temporary injunction, if the loss complained can be compensated by money (29 DLR 82 SC, 25 DLR 293H). No temporary injunction restrained allenation of property in a suit for specific performance of contract as section 52 of T. P Act provides the safeguard. 1981 BLD 147.
Further when no declaration of easement right has been made, no temporary injunction can be granted. 3 DLR 161H
So not temporary injunction can be granted exception in cases where there is some pecuniary or proprietory right of the plff requiring protection. Court will not interfere where the matter relates to personal status. 41 CWN 755.
Inherent jurisdiction.-It is always to be borne in mind that when circumstances are not covered by order XXXIX or any of rule of CPC, the court has inherent jurisdiction to issue temporary injunction in the matter of justice. 20 DLR 501 Dac, 31 DLR 386H.
The power to grant ad interim or temporary injunction is in the discretion of the court. This discretion however, should be exercised reasonably, judicially and on sound legal principles. 35 DLR 301H. (3) Injunction should not be lightly granted as it adversely affects the other side. The grant of injunction is in the nature of Equitable relief and the court has undoubtedly power to impose such terms and conditions as it thinks fit. 16 DLR 43 Dac 33 DIR Dac, 33 DLR 212H, 26 DLR 11H.
In case law reported in 28 DLR 448 it has been held that interlocutory order can be granted under rules 1 and 2 of order XXXIX in temporary injunction (1985 BLD 57). The object on an injunction is to prevent further injury, leaving matters as far as possible in status quo till the suit in all its bearing can be heard and determined. 17 DLR 427; 22 DLR 81 SC; 415H 29 DLR 81 SC; 25 DLR 274 Dac, 28 DLR 415H.
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