Order 39, CPC- Temporary Injunction and Interlocutory Orders

Introduction:

Injunction is a judicial process where a party is required to do or not to do from a certain doing or a particular act. It can be a form of remedy in form of an order address by the court to a specific person restricting a certain act (Prohibitory Injunction) or gives them permission to do that certain or specific act (mandatory injunction). There may be confusion between Stay and Injunction clearing the confusion that stay means to stop or suspend or arrest of a Judicial proceeding and injunction means to restrain or to prevent from doing a certain thing or give permission or to allow to do a certain action. The purpose of interim relief is to preserve property in dispute till legal rights, issues claims are settled. An injunction is infrequently independent its remedy in most of the case.

Injunction may not be considered as a separate legal thing and often it acts as an additional remedy to some another remedy.

For example: If K rented a shop to L who will occupy the shop as a tenant and L fails to pay the rent amount then k can approach the court for granting an injunction against L’s to stop the use of shop by L.

Temporary Injunction

When can Temporary Injunction Granted

When it passes the below test

1. Does the plaintiff have a direct relation to the case?
2. Is there suffering of the plaintiff?
3. Would there be irreparable damage if the injunction is not passed?

Illustration: Karan is a merchant and he has a  factory situated in Indore, Madhya Pradesh, India. Shyam , a worker from a nearby factory started dumping waste and garbage in front of Karan’s factory which spoiled raw material from Karan’s factory so Karan approached the court and court granted a temporary injunction which restricted Shyam from dumping waste near Karan’s factory.

If these conditions are meet the court gives a temporary injunction is given if not then the plaintiff will have suffered injustice and there would be no point of having a case in the court.

Types of Injunctions

1. Temporary Injunction
2. Permanent Injunction

Temporary Injunction means to restrain a party Temporary from doing a specific act and can’t be allowed to do so until the end of the trial or the judicial proceeding. Permanent injunction restrains a person or a party forever from doing a certain or specific action. A permanent injunction is dealt with specific relief act 1963. A temporary injunction is a kind of relief that aims to protect the particular matter in the court. Its primary objective is to keep the property safe from being destroyed or harmed for any injury. It grants a safekeeping of the property till the court passes a judgment.   

Injunction are also

1. Preventive
2. Mandatory
3. ad interim
4. Interim

There is also an ex-parte injunction which is sparingly used it says that without notice the court can give an ex-parte injunction meaning that it is done in the interest of one party or respect to one side of the party. But it is used it sparingly as it is used in exceptional conditions.

Grounds for which temporary injunction may be granted

1. Where a property is in a judicial proceeding is in danger of alienated or wasted or damaged or sold wrongfully.
2. When the defendant is threatened to remove his property with a view to defraud his creditors
3. Where the defendant threatened to dispose of the plaintiff’s property and cause injury to property or relation to the property.
4. When there is a breach of contract.
5.  When the court seems, it fit in the interest of justice.

The granting of temporary injunction can be also explained as when a serious dispute is raised in the court and many facts support that fair reasonable bet then he is entitled to get the relief the plaintiff or defendant. When if the court’s interference protects the people for injury or property from an injury or from danger before or in middle of the trial and if there is a likelihood that there would be malice, inconvenience if the injection is not given or if it withholds would give hardship then, in this case, its granted. The main reason of granting a temporary injunction is to uphold the basic promise of law that no would suffer from injustice and in the case of the temporary injunction it upholds this promise as it guaranties justice to a party that his property would be safe until the final judgement of proceedings.

Circumstances where Injunction can be granted

1. Maintains status- quo
2. Against transfer of property
3. For construction
4. Recovery 

Interlocutory Orders

 Interlocutory orders are dealt in order 39 and rule 6-10, in this the court has a certain power to selling perishable goods. Any order which is not the final order in a suit is called an interlocutory order. It is merely a direction to the procedure and some further questions are reserved for further determined. It is a kind of order in which the court orders either of the party to do a certain act and the order can be given to any one of the parties before the Final Judgment of the court. Rule 6 says about selling of movable property, the nature of property should be decaying of nature and unless sold it would be wasted e.g. crops, rice, wheat, fruits etc. the court has the power either to sell the property or to attach the property, rule 7 says the court gives an opportunity to either party for the detention of the property or inspection of the property or for preservation and may give permission to enter the property.

Rules 8 tells about the notice given to the other party by the party which gives the interlocutory application to the court. A court can also give possession to either party in that case when there is a due on the person which he should pay to the Government and if the due is paid by the opposite party then the court can give its possession. The basis of interlocutory orders is to give relief when perishable goods or a good or a property which can decay if it is kept over a long period of time for example if a property dispute occurred in the case of farmland so if the case is extended to a longer time the crops grown would be gone to waste therefore this order could be used to sale those crop and the court may keep it or give it or give it after proper party after judgment. And in some cases, it can keep the property attach till the case gets over. This is the advantage of interlocutory order if an interlocutory application is given to the court. 

Conclusion

Temporary injunction and interlocutory order are a kind of relief given by the court in a proceeding. The two can be confusing because both have the same outcome that is to give relief to the aggrieved party but the application or the process if different. Both are granted by the court but both are not the same. In the case of a temporary injunction, it’s a type of injunction meaning the court gives an order restricting or giving permission to do or not to do a specific act or an action. Interlocutory order is also an order which is given by the court but in this case, the court orders are given before the final judgement for relief, it deals with selling of a movable property which can be perishable and is given this order to save the property.

The motive of these kinds of order is to give relief to the aggrieved person. Interlocutory orders can be temporary or permanent but in the case of temporary injunction its nature is temporary, for a limited time, it is applicable. Both can be confusing but the main difference between the temporary injunction and interlocutory order is that interlocutory order is the orders given before the final judgment and tends to be treated as a separate matter and its nature can be permanent and is in most of the cases and in the temporary injunction, it is given in between the case and is temporary in nature and gives a relief temporarily that is for a certain period of time and it can be repelled in the final judgment. Its does not necessarily mean that if a temporary judgement is given the final judgment would be in its favour, it can be opposite to it or may support it but when the temporary order is given it tends to be temporary in nature. But the main reason for both of this order is to give relief it may be temporary or permanent in nature.

Mostly this kind of orders are given in the matter of property and mostly when any one of two orders are passed it’s in the manner that it would not harm it but safeguard it. It basically means that it helps to empower one of the parties and interest of a party and protects it. And it gives a sense of safety to a party and the proceedings can be done in such manner that no party would be aggrieved and justice is secured and promised to the property and the relationship between the property and either of the parties. Our court system is very efficient in the matter of safeguard interest of an aggrieved party in an matter where there is a dispute of a property.

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Reference        

• Priyanka Chandra, legal services India, http://www.legalserviceindia.com/legal/article-2444-temporary-injunction-o-39.html#:~:text=A%20temporary%20or%20interim%20injunction,any%20stage%20of%20the%20suit.
• Maharashtra government, http://mja.gov.in/Site/Upload/GR/Title%20NO.119(As%20Per%20Workshop%20List%20title%20no119%20pdf).pdf
• Sakshi Raje and Pushpamrita Roy, http://lawtimesjournal.in/what-is-a-temporary-injunction/
• C.K Takwani civil procedure with limitation act 1963