Question

    Which of the following statements correctly describes

    the concept of “temporary injunction” under the Code of Civil Procedure, 1908?
    A It is a permanent order passed after the final hearing of a suit. Correct Answer Incorrect Answer
    B It is an order to maintain status quo until the disposal of the suit or further orders. Correct Answer Incorrect Answer
    C It can be granted only after the suit is decided on merits. Correct Answer Incorrect Answer
    D It requires the consent of both parties before it can be passed. Correct Answer Incorrect Answer
    E It is an order dismissing the suit temporarily. Correct Answer Incorrect Answer

    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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