The Law of Injunctions in India under the provisions of CPC and SRA: A Jural Analysis of Principles, Discretion, and Enforcement
Author:
Abhijeet U. Khot
Research Scholar
[B.Com., LL.M., PGD in Cyber Law]
Department of Law
Sant Gadge Baba Amravati University, Amravati
Mob. 8600060665
Email: abhijeetudaykhot@gmail.com
Address: 501, Pushpshri Apartment,
Ganuwadi, MIDC Road, Amravati, 444607
Co-author (Research Supervisor):
Prof. Dr. Bhagyashree A. Deshpande
Professor
[B.E. LL.M. Ph.D. (Law)]
Dr. Panjabrao Deshmukh College of Law, Amravati
Mob. 9822724558
Email: bhagyashri.deshpande72@gmail.com
Address: B-101, Vijay Rudra Apts.
Ashiyad Colony, Shegaon Road, Amravati, 444604
Abstract:
This paper presents a comprehensive jural analysis of the law governing temporary injunctions within the Indian civil legal system. A temporary injunction is a provisional, discretionary, and equitable remedy designed to preserve the status quo of a suit’s subject matter pending final adjudication. Its legal framework is rooted in the Specific Relief Act, 1963 (SRA, 1963), which defines its substantive character, and the Code of Civil Procedure, 1908 (CPC, 1908), which outlines the procedural mechanics under Order XXXIX. The grant of this remedy is not an arbitrary exercise of judicial power but is contingent upon satisfying a foundational tripartite test: establishing a prima facie case, demonstrating that the balance of convenience lies in the applicant’s favour, and proving potential irreparable loss that cannot be adequately compensated by monetary damages. The paper explores the application of these principles across various forms of injunctive relief, including prohibitory, ad-interim, and mandatory injunctions, and in diverse legal contexts. Ultimately, this research posits that the law of temporary injunctions represents a structured, principled judicial determination, ensuring the remedy functions as a crucial tool to prevent the ends of justice from being defeated.
Keywords: Temporary Injunction, SRA, CPC, Order XXXIX, Equitable Remedy, Judicial Discretion, Ad Interim Injunction, Mandatory Injunction, Status Quo, Lis Pendens, Clean Hands Doctrine, Acquiescence.
DOI link – https://doi.org/10.69758/GIMRJ/2510S01V13P006
Download