Definition
An injunction granted for a limited period during the pendency of a suit to maintain the status quo, prevent irreparable harm, or preserve the subject matter of the dispute until the final disposal of the suit.
A temporary injunction under Order XXXIX Rules 1-2 CPC is interlocutory in nature — it operates only during the pendency of the suit and is liable to be varied, discharged, or confirmed as the suit proceeds. The three-part test for granting a temporary injunction (as established in Dalpat Kumar v. Prahlad Singh AIR 1993 SC 276): (a) prima facie case — there is a serious question to be tried; (b) balance of convenience — inconvenience if injunction refused outweighs inconvenience if granted; and (c) irreparable harm — the harm if not granted cannot be compensated in money.
Statutory Definition
Order XXXIX Rule 1, Code of Civil Procedure, 1908: 'Where in any suit it is proved by affidavit or otherwise — (a) that any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party to the suit, or wrongfully sold in execution of a decree, or (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors, or (c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit, as the Court thinks fit, until the disposal of the suit or until further orders.'
Etymology & Origin
From Latin 'temporalis' (of time, temporary) + 'injunctio' (a command). A temporary injunction operates for a limited time — the duration of the suit — and is superseded by the final decree.
Full Legal Analysis
Temporary Injunction: Preserving the Status Quo
A temporary injunction is the court's tool for preventing irreparable harm while the dispute is being adjudicated. It bridges the gap between filing the suit and getting a final decree — without it, the defendant might dissipate assets, destroy evidence, or alter the subject matter so that a favourable final decree is meaningless. Temporary injunctions are one of the most commonly sought interlocutory reliefs in civil litigation.
Three-Part Test: Dalpat Kumar v. Prahlad Singh
In Dalpat Kumar v. Prahlad Singh AIR 1993 SC 276, the Supreme Court restated the three conditions that must be satisfied for granting a temporary injunction: (a) Prima facie case: The plaintiff must show that there is a serious question to be tried — not a watertight case, but enough to go to trial on. (b) Balance of convenience: Courts compare the inconvenience to the plaintiff if the injunction is refused with the inconvenience to the defendant if it is granted. The balance must favour the plaintiff. (c) Irreparable harm: The harm that would result if the injunction is refused must be something that cannot be adequately compensated by money — typically harm to unique property, goodwill, or rights that defy monetary valuation.
Ex Parte Temporary Injunctions
In urgent cases, a temporary injunction may be granted ex parte (without notice to the defendant). Order XXXIX Rule 3 requires the court to record its reasons for granting an ex parte injunction. The court must fix a date for hearing the defendant and confirm, modify, or vacate the injunction. An ex parte temporary injunction must be served on the defendant within 24 hours (or as soon as practicable) and the defendant may apply to have it vacated on short notice.
Modification and Vacation
A temporary injunction may be modified or vacated by the same court under Order XXXIX Rule 4 if: (a) there is a change in circumstances; (b) it was obtained by concealment of material facts; (c) the plaintiff has not complied with conditions imposed by the court; or (d) new evidence makes the case for injunction weaker. The defendant who is injuncted has the right to apply for immediate vacation on these grounds.
“A temporary injunction is a judicial Band-Aid — it stops the bleeding while the deeper question is being decided. It must be granted promptly when needed, and removed equally promptly when the grounds for it are gone.”
This Term in Indian Statutes
Code of Civil Procedure, 1908, 1908
"Where in any suit it is proved by affidavit or otherwise that any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party to the suit, the Court may by order grant a temporary injunction to restrain such act."
Temporary injunction: preserve property from waste, damage, or alienation during pendency of suit
