Temporary injunctions
1. Cases in which temporary injunction may be granted.
Where in any suit it is proved by
affidavit or otherwise—
(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
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(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to
[defrauding] his creditors,
5
[(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,]
1. Subs. by Act 104 of 1976, s. 85, for rule 8 (w.e.f. 1-2-1977).
2. Ins. by s. 85, ibid. (w.e.f. 1-2-1977).
3. Ins. by Act 1 of 1926, s. 4.
4. Subs. by Act 104 of 1976, s. 86, for “defraud” (w.e.f. 1-2-1977).
5. Ins. by s. 86, ibid. (w.e.f. 1-2-1977).
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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 1[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.
2. Injunction to restrain repetition or continuance of breach.
(1) In any suit for restraining the
defendant from committing a breach of contract or other injury of any kind, whether compensation is
claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either
before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from
committing the breach of contract or injury complained, of, or any breach of contract or injury of a like
kind arising out of the same contract or relating to the same property or right.
(2) The Court may by order grant such injunction, on such terms as to the duration of the injunction,
keeping an account, giving security, or otherwise, as the Court thinks fit.
2
1
[2A. Consequence of disobedience or breach of injunction.
(1) In the case of disobedience of
any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which
the injunction was granted or the order made, the Court granting the injunction or making the order, or
any Court to which the suit or proceeding is transferred, may order the property of the person guilty of
such disobedience or breach to be attached, and may also order such person to be detained in the civil
prison for a term not exceeding three months, unless in the meantime the Court directs his release.
(2) No attachment made under this rule shall remain in force for more than one year, at the end of
which time, if the disobedience or breach continues, the property attached may be sold and out of the
proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the
balance, if any, to the party entitled thereto.]
3. Before granting injunction, Court to direct notice to opposite party.
The Court shall in all
cases, except where it appears that the object of granting the injunction would be defeated by the delay,
before granting an injunction, direct notice of the application for the same to be given to the opposite
party:
1
[Provided that, where it is proposed to grant an injunction without giving notice of the application to
the opposite party, the Court shall record the reasons for its opinion that the object of granting the
injunction would be defeated by delay, and require the applicant—
(a) to deliver to the opposite party, or to send to him by registered post, immediately after the
order granting the injunction has been made, a copy of the application for injunction together with—
(i) a copy of the affidavit filed in support of the application;
(ii) a copy of the plaint; and
(iii) copies of documents on which the applicant, relies, and
(b) to file, on the day on which such injunction is granted or on the day immediately following
that day, an affidavit stating that the copies aforesaid have been so delivered or sent.]
1
[3A. Court to dispose of application for injunction within thirty days.
Where an injunction has
been granted without giving notice to the opposite party, the Court shall make an endeavour to finally
dispose of the application within thirty days from the date on which the injunction was granted; and
where it is unable so to do, it shall record its reasons for such inability.]
1. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977).
2. Sub-rules (3) and (4) omitted by s. 86, ibid. (w.e.f. 1-2-1977).
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4. Order for injunction may be discharged, varied or set aside.
Any order for an injunction may
be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied
with such order:
1
[Provided that if in an application for temporary injunction or in any affidavit supporting such application,
a party has knowingly made a false or misleading statement in relation to a material particular and the
injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless,
for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice:
Provided further that where an order for injunction has been passed after giving to a party an
opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that
party except where such discharge, variation or setting aside has been necessitated by a change in the
circumstances, or unless the Court is satisfied that the order has caused undue hardship to that party.]
5. Injection to corporation binding on its officer.
An injunction directed to a corporation is
binding not only on the corporation itself, but also on all members and officers of the corporation whose
personal action it seeks to restrain.
Interlocutory orders
6. Power to order interim sale.
The Court may, on the application of any party to a suit, order the
sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any
movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is
subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to
have sold at once.
7. Detention, preservation, inspection, etc., of subject-matter of suit.
(1) The Court may, on the
application of any party to a suit, and on such terms as it thinks fit,—
(a) make an order for the detention, preservation or inspection of any property which is the
subject-matter of such suit, or as to which any question may arise therein;
(b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or
building in the possession of any other party to such suit; and
(c) for all or any of the purposes aforesaid authorise any samples to be taken, or any observation
to be made or experiment to be tried, which may seem necessary or expendient for the purpose of
obtaining full information or evidence.
(2) The provisions as to execution of process shall apply, mutatis mutandis, to persons authorised to
enter under this rule.
8. Application for such orders to be after notice.
(1) An application by the plaintiff for an order
under rule 6 or rule 7 may be made 2*** at any time after institution of the suit.
(2) An application by the defendant for a like order may be made 3*** at any time after appearance.
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[(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court
shall, except where it appears that the object of making such order would be defeated by the delay, direct
notice thereof to be given to the opposite party.]
9. When party may be put in immediate possession of land the subject-matter of suit.
Where
land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in
possesion of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor
of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other
party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or
rent due previously to the sale (and with or without security at the discretion of the Court), be put in
immediate possession of the land or tenure;
1. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977).
2. The words “after notice to the defendant” omitted by s. 86, ibid. (w.e.f. 1-2-1977).
3. The words “after notice to the plaintiff” omitted by s. 86, ibid. (w.e.f. 1-2-1977).
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and the Court in its decree may award against the defaulter the amount so paid, with interest thereon
at such rate as the Court thinks fit, or may charge the amount so paid, with interest thereon at such rate as
the Court orders, in any adjustment of accounts which may be directed in the decree passed in the suit.
10. Deposit of money, etc., in Court.
Where the subject-matter of a suit is money or some other
thing capable of delivery and any party thereto admits that he holds such money or other thing as a
trustee for another party, or that it belongs or is due to another party, the Court may order the same to
be deposited in Court or delivered to such last-named party, with or without security, subject to the
further direction of the Court.