Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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79.

A temporary injunction can be granted to a party establishing :

A: a prima facie case in his favour
B: balance of convenience in his favour
C: irreparable injury to him in the event of non-grant of injunction
D: all of the above.

The answer is: D

Explanation

The correct option is D: all of the above.

A temporary injunction is a court-issued restraining order that prevents the Defendant from doing something that threatens or harms the Plaintiff's rights. The Civil Procedure Code of 1908 governs the conditions, types, and requirements for granting a temporary injunction based on time, irreparable loss, or balance of convenience.

According to Order 39, Rule 1 of the Civil Procedure Code, 1908, the Court may grant a temporary injunction as a statutory relief, if the following requirements are met:

Prima facie case: The Plaintiff must show that there is a substantial question to be decided in the suit, and that he has a fair chance of succeeding in the claim.

Irreparable loss: The Plaintiff must show that he will suffer irreparable injury or damage if the injunction is not granted, and that such injury or damage cannot be adequately compensated by money or other legal remedies.

Balance of convenience: The Plaintiff must show that the balance of convenience or hardship is in his favour, and that granting the injunction will cause less harm to the Defendant than denying it will cause to the Plaintiff.