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

    Solution

    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. 

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