Author(s)
HARITHA P NAIR
- Manuscript ID: 140313
- Volume: 2
- Issue: 6
- Pages: 783–786
Subject Area: Other
Abstract
Temporary injunction is one of the most important equitable remedies provided under the Civil Procedure Code, 1908. It is intended to preserve the subject matter of a suit and maintain the status quo until the final disposal of the case. The power of granting temporary injunctions is mainly governed by Order XXXIX Rules 1 and 2 of the Civil Procedure Code. Courts exercise this power based on certain principles such as prima facie case, balance of convenience, and irreparable injury. Temporary injunction acts as a preventive relief to avoid injustice during the pendency of litigation. This paper examines the concept, nature, objectives, legal provisions, judicial interpretations, and challenges relating to temporary injunctions in India. The paper also analyses important judicial decisions and discusses the need for cautious judicial discretion while granting injunctions.