📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!
  • google app store apple app store
    • ✖

      Question

      For granting a temporary injunction under Order 39 Rules

      1 and 2 of CPC, which of the following three conditions must be cumulatively satisfied? 
      A Prima facie case, balance of convenience, and irreparable injury Correct Answer Incorrect Answer
      B Prima facie case, defendant's consent, and court's discretion Correct Answer Incorrect Answer
      C Balance of convenience, damages quantifiable, and urgency Correct Answer Incorrect Answer
      D Irreparable injury, security deposit, and court fees paid Correct Answer Incorrect Answer
      E Prima facie case, irreparable injury, and limitation not expired Correct Answer Incorrect Answer

      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.

      Practice Next
      More Other Laws and Acts Questions

      Relevant for Exams:

      ask-question