Sunday 26 September 2021

Under Which section of CPC court can grant temporary Injunction to a party?

  The question, therefore, which stares at us, now, is this : whether it is Order 39, Rules 1 and 2, which confer jurisdiction and powers on the courts of civil jurisdiction to grant temporary injunction ? Since the orders and the rules framed thereunder merely prescribe the procedure for exercise of the powers by the courts, it logically follows that the power to grant temporary injunction lies elsewhere and not in Order 39, Rules 1 and 2. The question is, as to where lies the power to grant temporary injunction. The answer to this question really lies in Section 94 of the Code, for, the relevant portion of Section 94 reads, thus :

94. Supplemental proceedings. - In Order to prevent the ends of justice from being defeated the court may, if it is so prescribed -

(a) ...

(b) ...

(c) grant of temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and Order that his property be attached and sold.

(d) ...

(e) ...                                                   {Para 15}

16. What is, thus, clear from the above discussion is that it is Section 94(c), which vests the civil courts with the power to grant temporary injunction and also to punish for disobedience of the Order of temporary injunction. How, under what circumstances and in what manner, this power can be exercised is actually given in Order 39, Rules 1 and 2.

Gauhati High Court
Reboti Ray vs Sashi Kanta Budhia @ Agarwal on 22 February, 2006
Equivalent citations: (2006) 3 GLR 42
Author: I Ansari

Bench: I Ansari
Read full Judgment here: Click here
Print Page

No comments:

Post a Comment