Temporary Injunction is one of the most common remedies provided to prevent mischief from being committed, by a party to the suit. Injunctions, as stated under section 37 of the Specific Relief Act, are of two types: Temporary and perpetual injunctions.

Temporary injunctions are granted for a specific period of time and can be revoked either by a subsequent order of the court or the final judgement in the suit. Order 39 of CPC (procedural law) prescribes rules and procedures to be followed while considering a grant of this relief.

Cases where the temporary injunction is granted-

When there is a prima facie case in favor of a party and the following points can be easily drawn from the application:

*The disputed property is under the risk of being damaged, alienated or sold.

*There is a threat or an intention on the part of the defendant to dispose of the property to defraud his creditors.

*The plaintiff has been threatened of being dispossessed (of the disputed property) or of being physically injured by the defendant.

The court may grant a temporary injunction to restrict or to prevent the party from threatening to cause damage or causing damage. Temporary Injunction can be granted during any stage of the proceeding i.e. even before the judgement in the suit is delivered.

Necessary contents in the application for a temporary injunction-

*The Court’s place of sitting or jurisdiction and the name of the judge.

*Civil suit number and the year in the prescribed manner.

*The names of the parties to the suit should be properly mentioned as plaintiffs and defendants.

*A clear mention of the provision under which the suit has been filed.

*A clear mention of the purpose or the cause that has led to the filing of the suit.

*A proper description of the disputed property i.e. mapping the ancestry of the property etc.

*The chain of events that led to the filing of the suit.

*The facts or the reasons that bring out a prima facie case pertaining to grant of an injunction.

*Why the ‘balance of convenience’ is in your favor. Balance of convenience means comparative mischief for the inconvenience to the parties. The inconvenience to the petitioner, if temporary Injunction is refused, would be balanced and compared with that of the opposite party, if it is granted.

*Mention an irreparable injury that would be caused if the injunction isn’t allowed.

*A brief prayer mentioning the course of action the plaintiff desires or is prescribed in the procedural code.

*A Schedule containing all the required documents to substantiate the facts mentioned in the application.

*An affidavit duly signed by the plaintiff.

Common mistakes while drafting-

*Negligence in mentioning the names of the parties and the court.

*Wrong usage of words, punctuations and faulty grammar.

*Not substantiating the facts with enough documents or proofs.

*Using legalese instead of simple English.

*Not clearly establishing or fulfilling the three basic principles (prima facie case, the balance of inconvenience and irreparable damage) through proper reasoning.

*Usage of unclear language in prayer.

*Faulty drafting of the affidavit.

*Improper attachment of the schedule.

Tips to draft a good application-

Watch out for common mistakes that people tend to make. The judge is always made to feel good about an application that is well-written with proper English grammar and appropriate word choice. It is necessary to provide facts and documentation to support the claims made in the application. Never use legalese or flowery language; instead, stick to using straightforward terms. Familiarity with the legal elements is like having in possession a map of an unexplored island. The language of your affidavit should be sharply directed towards the other party. If it has been put forward by the plaintiff then it should be exhaustive and attack the defendant. On the other hand, if you are the defending party then make sure you answer to each and every point made out in the plaintiff’s affidavit and counter it with well-substantiated facts.

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