Meaning and Purpose

To preserve the status quo

Temporary injunctions are court orders granted during the pendency of a suit, aimed at maintaining the existing state of affairs between parties. Their main purpose is to prevent irreparable harm or injustice and to ensure that the final decision of the court is not rendered ineffective.

Types of Temporary Injunctions

Ex parte injunction

This type of injunction is granted without notice to the opposite party. It is issued in urgent cases where giving notice would defeat the purpose of the injunction. The court must be satisfied that the matter is extremely urgent and that delay could lead to irreparable harm.

Injunction after notice

Here, the injunction is granted after the court hears both parties. It is the standard procedure under Order XXXIX Rules 1 and 2, ensuring that principles of natural justice are followed before interim relief is granted.

Mandatory injunction

Although generally permanent in nature under the Specific Relief Act, a mandatory injunction may also be granted temporarily in exceptional circumstances. It compels a party to do a specific act to restore the status quo or prevent harm.

Conditions for Grant of Temporary Injunction

Prima facie case

The applicant must show a reasonable case in their favour, which, if not conclusively proved at this stage, still appears to be tenable upon initial examination by the court.

Balance of convenience

The court assesses which party would suffer more harm from granting or refusing the injunction. If the inconvenience to the applicant is greater, the balance is said to favour them.

Irreparable injury

The injury that the applicant may suffer should be one that cannot be adequately compensated by damages or cannot be reversed later. Only then will the court consider granting a temporary injunction.

Appointment of Receivers (Order XL)

Under Order XL of the Code of Civil Procedure, a receiver may be appointed by the court in cases where it is just and convenient to do so. A receiver is an impartial person appointed by the court to take charge of property during the pendency of a suit. Their function is to preserve, manage, or dispose of the property as per the directions of the court. The appointment helps prevent any party from unjustly benefiting from the property or causing harm to it.

Commissions (Order XXVI)

Local inspection

The court may issue a commission for local inspection when it is necessary to physically examine a site or property that is the subject of dispute. This helps the court to understand the factual situation on the ground and is especially useful in disputes relating to immovable property or boundaries.

Scientific examination

In cases involving technical, medical, or scientific questions, the court may appoint a commissioner who is an expert in the relevant field to conduct an examination or analysis and report back to the court. This ensures that the court can make an informed decision based on expert findings.

Accounting

When financial transactions or partnership accounts are in question, a commission for accounting may be issued. The appointed commissioner will examine the accounts and prepare a detailed report for the court. This helps in accurately assessing claims related to profits, losses, and liabilities.