What is Temporary injuction under the Code of Civil Procedure, 1908? Under what circumstances can it be granted? Discuss.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2021
What is Temporary injuction under the Code of Civil Procedure, 1908? Under what circumstances can it be granted? Discuss.
Answer & Explanation:
Temporary injunction - The Court may grant temporary injunction to restrain any such act or make such other order for the purpose of staying and preventing the wasting, damaging, alienation or sale or removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit, where it is proved by affidavit or otherwise: 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 that the defendant threatens, or intends to remove or dispose of his property with a view to defrauding his creditors, or 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. It would be necessary for the plaintiff to satisfy the Court that substantial and irreparable harm or injury would be suffered by him if such temporary injunction (till the disposal of the suit) is not granted and that such loss or damage or harm cannot be compensated by damages.
Topics: Civil Procedure Code, 1908
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