A Detailed Analysis of Temporary Injunctions & Interim Orders under the Civil Procedure Code (CPC)

Introduction
Temporary Injunctions
2.1 Definition
2.2 Legal Provisions
2.3 Objectives
2.4 Grounds
2.5 Procedure
2.6 Duration & Revocation
Interim Orders
3.1 Definition
3.2 Legal Provisions
3.3 Types of Interim Orders
3.4 Procedure
Comparative Analysis: Temporary Injunctions vs. Interim Orders
Case Laws

1. Introduction

Temporary Injunctions and Interim Orders are provisional remedies available under the Civil Procedure Code (CPC) for granting immediate relief. This practice note provides a detailed analysis of these provisions. Understanding the concept and implementation is essential for practitioners to effectively represent clients in civil litigation.

2. Temporary Injunctions

2.1 Definition

A temporary injunction is an order issued by a court that prohibits a party from performing an act that is likely to cause irreparable harm or prejudice to the rights of the other party during the pendency of a suit or proceeding.

2.2 Legal Provisions

Temporary Injunctions are governed by the following provisions of the CPC:

Order 39, Rules 1 and 2
Section 94(c)
Section 151

2.3 Objectives

To maintain the status quo.
To prevent irreparable damage or injury.
To avoid multiplicity of proceedings.
To preserve the effectiveness of the final relief.

2.4 Grounds

A Temporary Injunction can be granted if:

There is a prima facie case.
The applicant would suffer irreparable harm if it is not granted.
The balance of convenience favors the applicant.

2.5 Procedure

Filing of Application: The applicant should file an application under Order 39, Rules 1 and 2 of CPC.
Notice to the other party: A notice must be issued to the opposite party unless urgency requires ex-parte injunction.
Affidavit: The application must be supported by an affidavit.
Hearing: The court conducts a hearing.
Order: The court may grant or reject the temporary injunction.

2.6 Duration & Revocation

Temporary Injunctions remain in force until a specific time or until further orders of the court. It can be revoked or modified by subsequent orders (Order 39, Rule 4).

3. Interim Orders

3.1 Definition

Interim orders are orders passed by a court during the pendency of any suit or proceeding which do not decide the final rights of the parties but are merely temporary in nature and provide immediate relief.

3.2 Legal Provisions

Section 94 of the CPC
Order 39 of the CPC

3.3 Types of Interim Orders

Attachment before judgment
Appointment of a receiver
Commission to examine witnesses
Interim custody, visitation rights, and maintenance in matrimonial disputes
Stay orders

3.4 Procedure

Filing of Application: Applicant should file an application specifying the relief sought.
Notice to the other party: Unless urgency demands otherwise.
Affidavit: Supporting the application.
Hearing: Court conducts a hearing.
Order: Court may grant or reject the interim relief.

4. Comparative Analysis: Temporary Injunctions vs. Interim Orders

Aspect	Temporary Injunctions	Interim Orders
Purpose	To maintain status quo, prevent irreparable harm.	Various purposes, including preservation of property, collection of evidence, etc.
Governing Provisions	Order 39, Rules 1 and 2, Section 94(c), Section 151 of the CPC.	Section 94, Order 39 of the CPC.
Duration	Until a specific time or until further orders.	Until a specific time or until further orders.
Grounds	Prima facie case, irreparable harm, balance of convenience.	Depends on the type of interim order sought.
Revocation	Order 39, Rule 4.	By subsequent order of the court.

5. Case Laws

Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal: The Supreme Court laid down the basic principles governing temporary injunctions.
Dalpat Kumar v. Prahlad Singh: The Supreme Court reiterated the principles for granting interim injunctions and emphasized the aspect of irreparable loss.