Question

Under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908, a court may grant a temporary injunction. Which of the following is the correct set of conditions that must be satisfied for granting a temporary injunction?

Q: Answer-Under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908, a court may grant a temporary inj...

The three well-established conditions for granting a temporary injunction under Order 39 CPC, as settled by the Supreme Court in Dalpat Kumar v. Prahlad Singh 1991 and consistently followed, are i Prima facie case, the applicant must show a strong arguable case on merits ii Balance of convenience, the inconvenience caused to the applicant by refusing injunction must outweigh the inconvenience to the defendant if granted and iii Irreparable injury, the applicant must show that if injunction is not granted, damage would result that cannot be adequately compensated in money.

A The applicant must show a prima facie case, balance of convenience in favour of the applicant, and that irreparable injury would result if injunction is not granted

B The applicant must show an absolute right over the subject matter, pecuniary loss, and that the defendant has already committed the wrongful act

C The applicant must show that the suit is of a high monetary value, that the defendant is likely to abscond, and that the final decree would be in favour of the applicant

D The applicant must furnish security equivalent to the value of the disputed property and obtain permission from the High Court before approaching a lower court

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