A temporary injunction is an interim relief. A civil court grants it to maintain the status quo. This continues until the final disposal of the suit. It is not a right. It is a discretionary relief. This relief is equitable. It is governed primarily by Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.
Courts do not grant temporary injunctions lightly. They apply strict judicial tests because an injunction, even temporary, can seriously affect rights before trial. If you fail these tests, your application dies immediately—no matter how strong your final case might be.
Purpose of a Temporary Injunction
The object of a temporary injunction is preventive, not punitive.
It exists to:
- Preserve the subject matter of the suit
- Prevent irreparable harm
- Avoid multiplicity of proceedings
- Ensure that the final decree does not become meaningless
Courts are clear: interim relief cannot become a substitute for final relief.
Core Tests for Grant of Temporary Injunction
Courts consistently apply three essential tests. All three must be satisfied. Failure of even one is fatal.
1. Prima Facie Case
A prima facie case means that the plaintiff has shown a serious, arguable case that deserves trial.
This does not mean:
- Proof of the case
- Certainty of success
- Mini trial at interim stage
It simply means that the claim is not frivolous or vexatious.
If no prima facie case exists, the court will not examine the other tests. This is the first gate—and most applications fail here.
Also Read- Institution of Suit – Step-by-Step
2. Balance of Convenience
Balance of convenience asks a blunt question:
Who will suffer greater hardship if the injunction is granted or refused?
The court compares:
- Inconvenience to the plaintiff if injunction is refused
- Inconvenience to the defendant if injunction is granted
If granting the injunction causes greater injustice than refusing it, the court will deny relief—even if a prima facie case exists.
This is where equity dominates strict legal rights.
3. Irreparable Injury
Irreparable injury means harm that cannot be adequately compensated by damages.
Mere financial loss is usually not irreparable, because money can be compensated. Injury becomes irreparable when:
- The damage is continuous
- The subject matter is unique
- Restoration is impossible
- Monetary compensation is inadequate
If damages are sufficient, injunction is unnecessary. Courts do not grant injunctions to create leverage.
Additional Considerations Applied by Courts
Apart from the three core tests, courts often examine additional equitable factors.
Conduct of the Plaintiff
A party seeking injunction must come with clean hands.
Delay, suppression of material facts, or dishonest conduct can defeat an injunction application, even if other tests are satisfied.
Equity does not assist the careless or the dishonest.
Status Quo and Acquiescence
If the plaintiff has tolerated the alleged wrong for a long period, courts may refuse injunction on the ground of acquiescence.
Injunctions protect vigilance, not silence.
Also Read- Plaint – Essentials
Nature of Right Claimed
Courts are cautious where the right claimed is:
- Disputed
- Unsettled
- Requires detailed evidence
Interim relief is not granted where final rights are uncertain at the threshold.
Temporary Injunction vs Final Relief
Courts strictly avoid granting temporary injunctions that virtually grant the final relief.
If granting interim injunction leaves nothing to be decided in the suit, the application will be rejected.
Interim relief cannot decide the suit indirectly.
Ex Parte Temporary Injunctions
Ex parte injunctions may be granted only in exceptional cases where delay would defeat the very purpose of the injunction.
Even then, courts require:
- Full disclosure
- Strong prima facie case
- Immediate threat
Ex parte orders are temporary and closely scrutinised.
Consequences of Failure to Satisfy Tests
If the plaintiff fails to satisfy the tests:
- Application is dismissed
- Defendant gains strategic advantage
- Plaintiff’s credibility suffers
- Future interim relief becomes difficult
Courts remember weak injunction attempts.
Also Read- Written Statement – Importance
Temporary injunctions are not sympathy-based reliefs. They are test-driven judicial decisions.
You must establish:
- A prima facie case
- Balance of convenience in your favour
- Likelihood of irreparable injury
Miss one, and the injunction fails.
Courts do not protect claims. They protect legally sustainable urgency.
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