CIRCUMSTANCES IN WHICH TEMPORARY INJUNCTION CAN BE GRANTED : PROCEDURE FOR GRANTING TEMPORARY INJUNCTIONS : CASES WHERE INJUNCTIONS CANNOT BE GRANTED 

An injunction is a court order that typically enjoins or prohibits a person, company, or government entity from taking a certain action or, alternatively, directs a specific act to be performed. Injunctions are of two kinds: temporary and perpetual.

The court can grant a temporary injunction until the suit is disposed of or until further orders of the court. Perpetual injunctions, however, can only be granted by a final decree made at the hearing and upon the merits of the suit.

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RELEVANT PROVISIONS:

• Section 94 and 95 of the Civil Procedure Code (CPC)

• Order 39 of CPC

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KINDS OF INJUNCTIONS

1. Temporary Injunction

A temporary or preliminary injunction is a provisional remedy invoked to preserve the subject matter in its existing condition during the pendency of the suit.

2. Permanent Injunction

A permanent or perpetual injunction is granted by the final judgment that ultimately disposes of the suit.

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CIRCUMSTANCES IN WHICH TEMPORARY INJUNCTION CAN BE GRANTED

Under Order 39, Rules 1 and 2 of CPC

Rule 1 of Order 39:

The court may grant a temporary injunction where it is proved by affidavit or otherwise that:

• The property in dispute is in danger of being wasted, damaged, or alienated; or

• The defendant threatens or intends to remove or dispose of his property with a view to defraud his creditors.

In such cases, the court may restrain such acts or make orders to prevent the wasting, damaging, alienation, sale, removal, or disposition of the property until the suit is resolved or until further orders are given.

Rule 2 of Order 39:

The court may also grant a temporary injunction to restrain the defendant from:

• Committing a breach of contract; or

• Causing other injury of any kind,

whether compensation is claimed in the suit or not. The court may impose conditions regarding duration, maintenance of accounts, providing security, etc., as it sees fit.

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PRINCIPLES GOVERNING TEMPORARY INJUNCTIONS

Temporary injunctions are an equitable remedy and are discretionary. However, the discretion is not absolute and must be guided by the following well-established principles:

1. Prima Facie Case – The applicant must have a strong case on the face of it.

2. Balance of Convenience – The balance of hardship must favor the grant of the injunction.

3. Irreparable Loss – The plaintiff would suffer irreparable harm if the injunction is denied.

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PROCEDURE FOR GRANTING TEMPORARY INJUNCTIONS

Notice to Opposite Party – Rule 3 of Order 39:

The court shall, in all cases, before granting an injunction, direct that notice of the application be given to the opposite party.

Exception (Proviso to Rule 3):
Where it appears that the object of granting the injunction would be defeated by delay, the court may grant the injunction without giving notice.

Case Law:

Dilbaz Khan vs. The State (PLD 1959 SC 264)
"The court must be satisfied that considerable mischief might result if the issuance of the temporary injunction is delayed until notice is given."

Even then, the injunction order is provisional and may be discharged, varied, or set aside under Rule 4.

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DURATION OF TEMPORARY INJUNCTION

Rule 2-A of Order 39:

An ad-interim injunction granted in the absence of the defendant shall ordinarily not exceed 15 days, except in cases where:

• The injunction could not be served on the defendant;

• The defendant seeks time to contest the injunction application;

• The defendant appears but does not file a written statement.

Rule 2-B of Order 39:

An injunction granted after hearing and notice shall automatically expire after 6 months, unless extended by the court.

Proviso:

• In suits involving sale of goods for default in payment, or

• Where injunction is granted against the government or government officials, the notice period must be not less than 2 days and not more than 7 days.

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POWER TO ISSUE OTHER INTERLOCUTORY ORDERS UNDER ORDER 39

The court has the power to issue the following interlocutory orders:

• Rule 6: Direct interim sale of movable property during the pendency of the suit.

• Rules 7 & 8: Orders for detention, preservation, or inspection of the subject matter.

• Rule 9: Direct a party to be put in immediate possession of land in dispute.

• Rule 10: Where the subject matter is capable of delivery, the court may order it to be deposited or delivered to a named party.

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POWER TO PUNISH FOR DISOBEDIENCE OF TEMPORARY INJUNCTION

Violation of a temporary injunction is punishable:

1. As Contempt of Court, and

2. Under Order 39, Rule 2(3) –
   The court may attach the property involved and also detain the violator in prison for up to six months, unless earlier released by court direction.

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CASES WHERE INJUNCTIONS CANNOT BE GRANTED (Section 56)

An injunction shall not be granted:

• To stay judicial proceedings, including criminal matters or those in a non-subordinate court;

• To restrain any person from applying to a legislative body;

• To interfere with public duties of the Federal or Provincial Government or with the sovereign acts of a foreign government;

• To prevent the breach of a contract that is not specifically enforceable;

• On grounds of nuisance where it is not reasonably clear that the act will be a nuisance;

• Where equally efficacious relief can be obtained by another usual mode (except in breach of trust);

• Where the conduct of the applicant or his agent disentitles them from the assistance of the court;

• Where the applicant has no personal interest in the matter.

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CONCLUSION

Injunctions, whether temporary or permanent, are powerful judicial tools to maintain the status quo and ensure justice during or after litigation. Their grant, however, is subject to strict procedural and equitable considerations under the Civil Procedure Code, especially under Order 39 and Sections 94 to 95. Courts must balance the rights of both parties and ensure that such orders are not misused to cause undue hardship