Interim orders, Temporary injunction (Order. XXXIX)

A builder in Kharghar has started demolishing the wall of your society's garden to add a new tower, and your suit against him will take four years. By then the garden will be gone and a judgment in your favour will be a piece of paper. What you need is an order this week that says stop until the court decides. That order is a temporary injunction, and the rules for it are in Order XXXIX. The question the topic answers is how a court can hold things still without first deciding who is right.

In two minutes

An interim order holds the position until the suit is decided; under Order XXXIX the court may grant a temporary injunction (rr.1-2) and make interlocutory orders for sale, detention or inspection of property (rr.6-7), and courts guide themselves by three tests: prima facie case, balance of convenience and irreparable injury.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Civil Procedure Code 1908 and Limitation Act 1963 on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.