The document discusses pre-trial petitions related to temporary and perpetual injunctions, including their definitions, applications, and regulatory framework under civil procedure. It highlights the criteria for granting temporary injunctions, typical types, potential misuse, and key guiding principles such as irreparable loss and balance of convenience. Additionally, it addresses the court's discretion in issuing injunctions and circumstances under which they may be denied or vacated.

1. Pre-Trial Petitions (Injunction
petition, Receiver, Discovery,
Inspection, other interlocutory
matters, Moving a petition for
rejection of plaint)
Prepared by Showkat Hossain

2. Temporary Injunction
• 53. Temporary injunctions are such as are to continue until a
specified time, or until the further order of the Court. They may
be granted at any period of a suit, and are regulated by the
Code of Civil Procedure.
• A perpetual injunction can only be granted by the decree made
at the hearing and upon the merits of the suit: the defendant is
thereby perpetually enjoined from the assertion of a right, or
from the commission of an act, which would be contrary to the
rights of the plaintiff.

3. Continued
• Its an equitable relief, not a right but a discretion of the court.
• Temporary injunctions are the sharpest weapons of civil courts.
• Types of temporary injunction- mostly prohibitory or to maintain status quo
( The general principle of lispendse), occasionally mandatory.
• What is status quo and how the order of a status quo can be misused.
• Status quo ante.
• How an order of temporary injunction can be misused.
• Generally no evidence is taken for disposal of the Temporary Injunction
petititon.
• what happens when a party violates the temporary injunction order

4. Order 39 of the CPC
• 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
defraud his creditors,
c) If the defendant threatens to dispossess the plaintiff or otherwise cause injury to the property
concern
d) When the court is of the opinion that interest of justice so required,
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 as the Court thinks fit, until the disposal of the suit or
until further orders.

5. • Who can apply for temporary injunction?
• Against whom Temporary Injunction can be granted? ( Jus in rem and
jus in personem)
• Nature of the relief ( equitable, hence come with clean hand)
• When the operation of the order takes effect
• How long a temporary injunction stays effective?
• It is a tentative view and shouldn’t affect the final outcome of the
case

6. Guiding principles regarding Temporary
Injunction
• Prima facie arguable case { is it the winning probablity?]
• Irreparable loss [how to assess losses, what is an irreparable loss?
Huge]
• Balance of convenienece and inconvenience
• Decision on affidavit or otherwise
• Clean hand
• To avoid multiplicity of suits
• The interest of justice so required
• The whole purpose of the suit will become frustrated

7. • The suit is not barred by res judicata or otherwise
• When question of maintainability is pending.
• When petititon for rejection of plaint is pending

8. When court doesn’t grant temporary
injunction
• When the scheduled property is not demarcated properly
• When the allegation is vague
• When there is no cause of action
• When the performance is impossible
• When the injunction may interferes with the performance of public duty
• When the situation is so that an order of injunction will be infractuous
for example the act has already been done.
• When the chances of getting the main relief is very low or nill.
• When the temporary injunction is equivalent to the final relief .

9. Things to remember
• Ad interim injunction
• Adinterim injunction shall stand vacated if the plaintiff pray for time.
• The ordering court may vacate an order of injunction ( functus officio)
• In case of violation ( fine or civil jail or status quo ante) //
• No ad interim injunction against the development work of the
government.

10. • Parties usually file a gd
• Parties often file injunction without being in the possession
• They often prefer suit for permanent injunction to avoid advolerum court fees
• The Manikganje example
• As a lawyer, you will have to convince the court that you are in possession of the
property. Use improvised methods- video footage, pictures along with documents.
• Parties often prefer 144 of the CRPC over temporary Injunction
• BPL final/FDC election/ Coca cola/ World Bank/ LC matters/ Divorce/
Persona/acquisition money withdrawal/ shyamoli technical school- promisory
estoppel[ legitimate expectation] not to allot others/ rajuk notice/ developpers vs
landlord/ to postpone the election/ fdc election/