Lawfarm Team
in Property Law Family Law Contracts Law Civil Law Constitutional Law
Asked June 08, 2016

Bound by injunction?

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Aman’s grandfather had died in 2004 leaving behind a registered will. Probate has been approved by the court on that will. While probate was undergoing, Aman’s father had got an injunction order on the property to avoid any sale deed. But Aman’s father had executed a sale deed before the process of the court has started to the opposite party (Bhaskar)? Will Aman’s father be bound by the injunction or not?

Answer 1

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Arjit Narendra Srivastava

There are two types of injunction:-

1. Preliminary or Temporary injunction: -A temporary injunction is granted basically to restrain a particular act temporarily being or going to be performed by the parties. Its purpose is to prevent dis-solution of the plaintiff's rights. The main reason for use of a preliminary injunction is the need for immediate relief.

2. Permanent injunction: - A permanent injunction is granted by the judgment that ultimately disposes of the injunction suit, ordered at the time of final judgement. This injunction grants final relief to the parties.

No, Aman’s father will not be bound by the injunction whether it is a temporary or permanent injunction as the question for injunction will not arise as Aman’s father had executed the sale deed before the matter was in the court or before the probate was undergoing or approved by the court on that will.

Rule 1 of Order 39 CPC defines an injunction and states that where in any suit it is proved by affidavit or otherwise –

a. that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

b. that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors, or

c. that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,.

Then the court may grant a temporary injunction to restrain such act, and make such order for preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff or causing injury to the plaintiff in relation to the property in dispute in the suit as the court thinks fit, until the disposal of the suit or until further orders.

Here though, the property was in dispute or danger of being wasted, damaged or alienated or wrongfully sold in the execution of a decree, the execution of the sale deed happened before the case was being instituted in the court and therefore Aman’s father was not bound by the decree of injunction ordered by the court.

Conclusion

The basic aim of injunction is to restrain a particular act and thereby provides relief to the other party. Hence the court, while granting injunction to one of the parties, must ascertain that the right of the other party is not infringed or violated as the permanent injunction is granted at the end of the proceedings where the final judgement or decision is being given in favour of one of the parties. In this case there is no point of relief being given to the parties since the parties entered into the sale deed before injunction was ordered by the court and hence Aman’s father is not bound by the injunction.

Agree Comment 0 Agrees 12 months ago

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