What is an Interim Injunction in a Civil Suit?
An interim injunction is one of the most significant remedies available in civil litigation under Indian law. It is a temporary order passed by the court restraining a party from doing certain acts or directing them to perform certain acts until the final disposal of the case. The purpose of an interim injunction is to preserve the subject matter of the suit, maintain the balance of convenience between parties, and prevent irreparable harm that cannot be compensated through damages.
In simple words, an interim injunction in a civil suit is a temporary relief granted by the court to safeguard the rights of parties during the pendency of the case.
This concept is rooted in the principles of equity, justice, and good conscience and plays a critical role in ensuring that the final judgment of the court is not rendered meaningless by the acts of either party during the pendency of litigation.
Legal Framework Governing Interim Injunctions in India
The provisions relating to injunctions are mainly governed by:
- The Code of Civil Procedure, 1908 (CPC)
- Order XXXIX (Rules 1 to 5) deals with the granting of temporary injunctions and interlocutory orders.
- Section 94 and Section 151 provide the inherent powers of the court to issue orders where necessary to meet the ends of justice.
- The Specific Relief Act, 1963
- Sections 36 to 42 deal with injunctions (both temporary and perpetual).
- Temporary injunctions are particularly dealt with under Section 37.
Thus, the granting of an interim injunction is a discretionary power vested in the court and must be exercised judiciously based on settled legal principles.
Types of Injunctions in Civil Suits
Before specifically addressing interim injunctions, it is essential to understand the broad classification of injunctions:
- Temporary or Interim Injunctions
- Granted for a specific period or until further orders of the court.
- They operate during the pendency of the suit.
- Permanent Injunctions
- Granted by way of a final decree at the conclusion of the case.
- They permanently prohibit or direct a party regarding certain actions.
The present discussion focuses on interim injunctions, which fall under the first category.
Objectives of Granting Interim Injunctions
The court grants an interim injunction to:
- Prevent a party from causing damage or altering the position of the subject matter of the dispute.
- Maintain status quo between the parties during the pendency of litigation.
- Prevent multiplicity of proceedings and protect the rights of the plaintiff until final adjudication.
- Avoid situations where the final judgment becomes infructuous due to changes made during the litigation.
Conditions for Granting Interim Injunction
Indian courts have laid down well-established principles for the grant of an interim injunction. A plaintiff seeking such relief must establish the following three essential conditions:
1. Prima Facie Case
- The plaintiff must show that he has a genuine case which requires judicial consideration.
- It does not mean the plaintiff has to prove his case conclusively but must demonstrate a serious legal question to be tried.
Case Law:
- Dalpat Kumar v. Prahlad Singh (1992) SC held that the existence of a prima facie case is a condition precedent for the grant of a temporary injunction.
2. Balance of Convenience
- The court must consider whether the comparative mischief or inconvenience likely to be suffered by the plaintiff if the injunction is refused is greater than that which is likely to be caused to the defendant if it is granted.
Case Law:
- Gujarat Bottling Co. Ltd. v. Coca Cola Co. (1995) SC emphasized that the balance of convenience must favor the plaintiff for the injunction to be granted.
3. Irreparable Injury
- The plaintiff must prove that if the injunction is not granted, he would suffer harm or injury that cannot be adequately compensated by damages.
- The injury must be substantial, material, and not trivial.
Case Law:
- Best Sellers Retail (India) Pvt. Ltd. v. Aditya Nirla Nuvo Ltd. (2012) SC clarified that irreparable injury is not about impossibility but about inadequacy of compensation.
Situations Where Interim Injunction May Be Granted
Order XXXIX, Rule 1 CPC provides that an interim injunction may be granted:
- Where property in dispute is in danger of being wasted, damaged, or alienated by any party.
- Where the defendant threatens or intends to remove or dispose of his property with a view to defrauding creditors.
- Where the defendant threatens to dispossess the plaintiff or cause injury in relation to the disputed property.
Examples:
- Stopping a party from demolishing a building.
- Preventing the sale of disputed land.
- Restraining a person from using a trade name deceptively similar to that of the plaintiff.
Procedure for Obtaining an Interim Injunction
- Filing of Application
- The plaintiff must file an application under Order XXXIX, Rules 1 and 2 CPC along with an affidavit supporting the grounds.
- Hearing by Court
- The court issues notice to the defendant unless the matter is urgent (ex parte injunction may be granted).
- Grant of Injunction
- The court passes an order either granting or refusing the injunction after considering all material facts.
- Duration
- Interim injunction continues until further orders or till the disposal of the case.
Ex Parte Interim Injunctions
Sometimes the court may grant an ex parte interim injunction (without hearing the other party) if:
- The matter is urgent and delay would cause irreparable harm.
- The plaintiff has disclosed all material facts in good faith.
Safeguards:
- Such orders are temporary and usually limited to a few days until the defendant is heard.
- Courts are cautious in granting ex parte injunctions to avoid misuse.
Consequences of Breach of Interim Injunction
If a party disobeys the injunction order, it amounts to contempt of court under the Contempt of Courts Act, 1971.
- The court may impose fines, attachment of property, or even civil imprisonment.
- The injured party can file an application for execution of the injunction order under Order XXI, Rule 32 CPC.
Important Case Laws on Interim Injunctions
- Kashi Math Samsthan v. Shrimad Sudhindra Thirtha Swamy (2010) – The SC emphasized that injunction is a discretionary relief and must be exercised judiciously.
- Wander Ltd. v. Antox India Pvt. Ltd. (1990) – Explained that appellate courts should not interfere with the discretion of trial courts in granting injunctions unless it is arbitrary.
- Dalpat Kumar v. Prahlad Singh (1992) – Reiterated the three-fold test of prima facie case, balance of convenience, and irreparable harm.
- Gujarat Bottling Co. v. Coca Cola (1995) – Clarified principles relating to contractual disputes and injunctions.
Advantages of Interim Injunctions
- Provides immediate relief.
- Preserves the subject matter of the suit.
- Prevents injustice during pendency of trial.
- Acts as a deterrent against misuse or destruction of disputed property.
Limitations of Interim Injunctions
- It is temporary and may be vacated if conditions change.
- Misuse by plaintiffs to harass defendants is common.
- Courts must be cautious as granting injunctions may sometimes affect the defendant’s legitimate rights.
Conclusion
An interim injunction in a civil suit is a temporary relief granted by courts to protect the interests of parties until final adjudication. It is governed by the CPC and the Specific Relief Act, based on equitable principles. To obtain such an injunction, the applicant must establish a prima facie case, show balance of convenience, and prove irreparable injury.
While interim injunctions are powerful tools in civil litigation, they must be granted carefully to balance the rights of both parties and ensure justice is served.
FAQs on Interim Injunction in Civil Suits
Q1. What is the main purpose of an interim injunction?
It is to preserve the subject matter of the suit and prevent irreparable harm until the final disposal of the case.
Q2. Is an interim injunction permanent?
No, it is temporary in nature and operates during the pendency of the suit.
Q3. Can an interim injunction be granted without hearing the defendant?
Yes, courts may grant an ex parte interim injunction in urgent cases, but it is subject to confirmation after hearing the defendant.
Q4. What happens if someone violates an interim injunction?
Violation amounts to contempt of court, leading to penalties such as fines, attachment of property, or imprisonment.
Q5. What is the difference between interim and permanent injunctions?
An interim injunction is temporary and granted during the pendency of the case, while a permanent injunction is granted as part of the final decree.
Q6. Can interim injunctions be appealed?
Yes, an aggrieved party can challenge the grant or refusal of an interim injunction before higher courts.
Q7. Does the court always grant interim injunctions if the plaintiff asks?
No, it is a discretionary relief and will only be granted if the three conditions—prima facie case, balance of convenience, and irreparable harm—are satisfied.
Q8. Can damages be awarded instead of an interim injunction?
Yes, if the court finds that monetary compensation is sufficient, it may refuse the injunction and direct compensation instead.
Q9. Which court has the power to grant an interim injunction?
The court where the civil suit is filed has the power to grant interim injunctions under CPC provisions.
Q10. Can interim injunctions be vacated?
Yes, they can be vacated if the defendant proves misrepresentation, suppression of facts, or change in circumstances.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
