Temporary injunctions: the three ingredients courts actually apply

Order XXXIX rules 1 and 2 CPC empower the court to restrain a party pending a suit. Three ingredients must coexist: a prima facie case, irreparable loss, and balance of convenience in the applicant's favour. Plead all three distinctly — the injunction order is only as good as the weakest leg.

Where applications fail

A strong prima facie case alone fails without irreparable loss — the injury must be one money cannot compensate. Conversely, established possession plus threatened dispossession usually satisfies all three quickly; the injunction then preserves the status quo. Concealed facts in the application kill it at the counter or on vacation application.

Ex-parte and service

Ad-interim relief is exceptional; the court records reasons and the order must be communicated for prompt service on the defendant. Breach invites O.XXXIX r.2A detention/attachment proceedings — injunctions have teeth.

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