Civil Procedure Code & Limitation Act LSF – 6

Answer to Question: Injunction, Kinds of Injunctions, and Grounds for Injunction

I. Injunction (Defined in Order 39, CPC)

A. Definition: An injunction is a judicial order restraining a person from beginning or continuing an action threatening or invading the legal right of another, or compelling a person to carry out a certain act to prevent harm. It is an equitable remedy in the form of a court order.

II. Kinds of Injunctions

A. Temporary (or Interlocutory) Injunction:

  1. Purpose: To preserve the status quo until the final hearing.
  2. Duration: Effective until a specific period or until further orders.

B. Permanent (or Perpetual) Injunction:

  1. Purpose: Granted after the final hearing of a case, forming part of the judgment.
  2. Duration: Continues indefinitely unless revoked.

C. Mandatory Injunction:

  1. Purpose: Directs a party to perform a certain act.
  2. Nature: More forceful than prohibitory injunctions.

D. Prohibitory Injunction:

  1. Purpose: Restrains a party from doing a particular act.
  2. Nature: Preventive in nature.

III. Grounds for Granting an Injunction

A. Temporary Injunction:

  1. Prima Facie Case: The applicant must show a strong case likely to succeed in the trial.
  2. Balance of Convenience: The balance of convenience must be in favor of the applicant.
  3. Irreparable Injury: The applicant must demonstrate that they would suffer irreparable injury without the injunction.

B. Permanent Injunction:

  1. Legal Right: A clear legal right of the plaintiff that needs protection.
  2. Invasion of Right: An actual or threatened invasion of that right.

C. Mandatory Injunction:

  1. Clear Right: The applicant must show a clear right.
  2. Act to be Corrected: An act has been committed or is being continued against the applicant.

D. Prohibitory Injunction:

  1. Prevention of Wrongful Act: To prevent the continuation or commission of a wrongful act.

In conclusion, injunctions are powerful legal tools used to either compel or prevent actions, protecting legal rights before, during, or after a trial. Their issuance depends on various factors, including the establishment of a prima facie case, balance of convenience, and the presence of a clear legal right​​.