An injunction is a specific order of the Court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun. The law relating to injunction is contained in Specific Relief Act and Civil Procedure Code. Civil Procedure Code deals only with temporary injunctions. It is an ad interim injunction. Its object is to keep matters in status quo until final disposal of the suit.
Temporary Injunction in Civil Procedure Code
In CPC it is found in Sections 94(c) and Order 39 Rule 1 to 5. As per Section 94, in order to prevent the ends of justice from being defeated the Court may grant a temporary injunction. This section further goes to say that if the order is disobeyed the Court can commit the person guilty thereof to the civil prison and order that his property be attached and sold.See also Order 39 Rule 2A.
Extent of order of Temporary Injunction
As per Section 37 of the Specific Relief Act, temporary injunction may contiue until the further orders of the Court.
When to be granted
Order 39 Rule 1 of the CPC provides the cases in which a temporary injunction may be granted. The Court may grant the relief in cases where:
(1)a property in dispute is in danger of-being wasted, damaged, alienated, sold
(2) when the defendant threatens or intends to remove or dispose of his property with a view to defraud creditors
(3) when defendant threatens to dispossess the plaintiff or causes injury to the plaintiff in relation to any property in dispute.
Other Basic Conditions
The judicial precedents have set up some basic conditions to be satisfied for the grant of preventive relief of injunction. They are (1) Prima facie case, (2) Irreparable injury, (3) Balance of convenience. The applicant must prove the existence of a prima facie right in his favour. The court must be satisfied that there is every probability tilting in his favour. The party must argue that there is serious question to be tried if the test of 'prima facie' is satisfied. The applicant must satisfy the Court that an order is highly necessary without which a right accried in favour of the party concerned cannpt be protected from injury and which is also not compesable. By satisfying these conditions the party can very well argue that the balance of convenience is in his favour.
The power of injunction is a preventive relief and it should not be granted as a matter of right unless the above conditions are satisfied.