temporary injunction

A temporary (interim) injunction preserves the subject matter while the suit is pending. It is governed by Section 37 of the Specific Relief Act, 1963 and Order XXXIX Rules 1 and 2 of the CPC. The plaintiff must show three things: a prima facie case, that the balance of convenience lies in his favour, and that he would suffer irreparable injury not compensable by money if the injunction were refused.

An ad interim injunction is granted for a short period, often ex parte, until the injunction application itself is heard. Breach of an injunction is punishable under Order XXXIX Rule 2A (attachment of property and civil prison).

Example

Finding a prima facie case, balance of convenience and irreparable injury in the plaintiff's favour, the court granted a temporary injunction restraining construction on the suit land.

In Indian law

• Section 37, Specific Relief Act, 1963; Order XXXIX, Rules 1, 2 and 2A, Code of Civil Procedure, 1908
• Dalpat Kumar v. Prahlad Singh, 1991 INSC 341: the three conditions for a temporary injunction explained

See also

injunction · perpetual injunction · prima facie · ad interim

Read more in the study notes

• Interim orders: commissions, arrest and attachment before judgment, temporary injunctions and receivers (Civil Procedure Code and Limitation Act)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
• Res sub judice: stay of suit (section 10) (Civil Procedure Code and Limitation Act)
• Judgment and decree: definitions, kinds, and Order XX (Civil Procedure Code and Limitation Act)
• Reference, review and revision; caveat, restitution and the inherent powers of the court (Civil Procedure Code and Limitation Act)