Question
Which of the following statements correctly describes
the concept of “temporary injunction” under the Code of Civil Procedure, 1908?Solution
A temporary injunction (also called an interim injunction) is provided under Order 39 Rule 1 and 2 of the CPC. • It is an interim relief granted by the court to restrain a party from doing an act which may cause injury or damage to the other party pending the final decision of the suit. • The primary purpose is to maintain the status quo and prevent irreparable harm until the court can hear and decide the case on its merits. • It is not a final order and can be modified or vacated at any stage. Granting a temporary injunction generally requires the applicant to show: • A prima facie case, • Balance of convenience in their favor, and • The likelihood of irreparable harm without such relief.
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