For granting a temporary injunction under Order 39 Rules 1 and 2 of CPC, which of the following three conditions must be cumulatively satisfied?

Q: Answer-For granting a temporary injunction under Order 39 Rules 1 and 2 of CPC, which of the following thre...

The Supreme Court in Dalpat Kumar v. Prahlad Singh 1993 established the Triple Test for granting temporary injunctions under Order 39 CPC. All three conditions must be satisfied conjunctively 1 the applicant must establish a prima facie case, 2 the applicant would suffer irreparable injury if injunction is not granted, and 3 the balance of convenience must be in favor of the applicant.

A Prima facie case, balance of convenience, and irreparable injury Correct Incorrect

B Prima facie case, defendant's consent, and court's discretion Correct Incorrect

C Balance of convenience, damages quantifiable, and urgency Correct Incorrect

D Irreparable injury, security deposit, and court fees paid Correct Incorrect

E Prima facie case, irreparable injury, and limitation not expired Correct Incorrect

Detailed Solution

The Supreme Court in Dalpat Kumar v. Prahlad Singh (1993) established the "Triple Test" for granting temporary injunctions under Order 39 CPC. All three conditions must be satisfied conjunctively: (1) the applicant must establish a prima facie case, (2) the applicant would suffer irreparable injury if injunction is not granted, and (3) the balance of convenience must be in favor of the applicant.

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