Response

Hello,

Cases in which temporary injunction may be granted is stated under Order-XXXIX, Rule-1 of the Code of Civil Procedure, 1908 (CPC), which says that, “Where in any Suit it is proved by affidavit or otherwiseÑ

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,

(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,the court may by Order grant a temporary injunction to restrain such act, or make such other Order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the court thinks fit, until the disposal of the suit or until further orders.”

Section 37 in The Specific Relief Act, 1963, states that, “(1) Temporary injunctions are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908”

As stated above the validity time period of a temporary injunction is upto the discretion of the court, it may be granted intil the disposal of the suit or continue even after that.

Reference: Injunction, Validity

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LAWAYZ-2023-659