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dinesh gupta (Querist) 06 April 2013 This query is : Resolved
hello guest

pls help diffrence btw temporary and mandatory injunctions?

please some one tell me y we add aplication under order 39 r 1 & 2 for grant of ex-partee injunction with injunctions suit?
what is the procedure after injunction granted? what are rights of defandant?

how to see that whether we should ask 4 temporary injunction or not with permanent injunction? or file suit of permanent injunction alone?

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Nadeem Qureshi (Expert) 06 April 2013
Dear QUERIST
read the books or search through google,

Devajyoti Barman (Expert) 06 April 2013
purely an academic query.
Please refer law books. there are plenty of these.

prabhakar singh (Expert) 06 April 2013
When you do not have facts we do not have answers.
Injunctions are restraint orders positive as well negative to do or not to do an act and are issued during the pendency of a suit on temporary basis and after trial on permanent basis.

Who are you?Defendant or his advocate?

Guest (Expert) 06 April 2013
Prabhakar ji,

The profile of the querist reveals that he is a law officer. Naturally, he would be be representing some company, which can very well afford cost of requisite law books for its law officer.

Anirudh (Expert) 06 April 2013
Dear Mr. Udayan,
While your main suit may be for mandatory injunction, still you can have an application u/o 39 r 1 and 2 seeking interim injunction.
The principle is you cannot ask the entire main relief in the interim application itself!

Raj Kumar Makkad (Expert) 06 April 2013
Mr. Law Officer! You are expected to have in depth knowledge of such tiny matters. Even if you feel to obtain the basic concept then better to again open your closed law books after availing leave for some days from your job.

Vidhi Joshi (Expert) 06 April 2013
academic query!

prabhakar singh (Expert) 06 April 2013
In that situation you should read Specific Relief Act As well as order 39 of C.P.C to form a better understanding about your quests.

When plaintiffs satisfies court about the prima facie of a triable civil right in his favor over which defendant threats exists and plaintiff right could be destroyed unless protected forthwith,court grants ex parte injunction against defendant.
The defendant has right to file objection against such grant or prayer for grant,where after court would confirm or reject the grant normally for duration of pendency of suit.The grant of injunction is dependent on plff. proving a prima facie triable personal civil right to his status or property still protected but threatened to be destroyed by defendant,if done so would cause irreparable injury to plaintiff.

Devajyoti Barman (Expert) 06 April 2013
Mr Singh has helped the author.
Now the author go through it and understand the implications.

Adv k . mahesh (Expert) 06 April 2013
is mr.singh has explained i agree with it

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