DALPAT KUMAR AND ANR. versus PRAHLAD SINGH AND ORS.

Citation: [1991] SUPP. 3 S.C.R. 472 · Decided: 16-12-1991 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed

Judgment (excerpt)

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B 
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DALPAT KUMAR AND ANR. 
v. 
PRAlll...AD SINGH AND ORS. 
DECEMBER 16, 1991 
[K. RAMASWAMY AND G. N. RAY, JJ.] 
Civil Procedure Code, 1908: Order 39 Rule 1. 
Temporary injunction-Nature and purpose of-Necessary conditions 
for grant of interim injunction-What are. 
Appellant's suit for specific performance of contract for purchase of a 
house-Suit decreed and sale executed by coure---Repeated rejection of 
respondent's application/or grant of interim injunction by civil courts-Grant 
of interim injunction by High Court-1-leld High Court erred in granting 
interim injunction. 
The first appellant claimed to have entered into an agreement with 
the respondent for purchase of a house. He filed a suit for specific 
performance which was decreed ex-parte and the sale deed was execut•
through the court. The appellant filed execution application in which tl'f-
E respondent filed unsuccessful objections. The interim injunctions sought 
by respondent's wife and sons for restraining the appellant from taking 
possession of house were also repeatedly rejected by the courts. 
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Thereafter the respondent filed a suit alleging that the appellant 
being his counsel played fraud on him. He also sought interim injunction 
from dispossession. The trial court dismissed the application for interii 
injunction. However, on appeal the High Court granted injunction re: 
straining the appellants from taking possession of the house. The appel-
lants filed appeals in this Court. 
· 
Allowing the appeals and setting .aside the order of the High Court, 
G this Court, 
HELD: 1. Injunction is a judicial process by· which a party\ 
required to do or to refrain from doing any particular act. It is in t'."'' 
nature of preventive relief to a litigant to prevent future possible injury: 
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The court, on exercise of the power of granting ad interim injunction is to 
preserve the subject matter of the suit in status quo for the time being. 
[475 F-G. 
472 
;(' 
DALPATv. PRAHLAD 
2. The grant of injunction is a discretionary relief. The exercise 
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thereof is subject to the court satisfying that there is a serious disputed 
question to be tried in the suit and that, on the fact<; before the court, there 
is probability of his being entitled to the relief asked for by the plaintifT/ 
defendant. The burden is on the plaintiff by evidence aluandi by affidavit 
or otherwise that there is "a prima facie case" in his favour which needs 
adjudication . at the trial. The existence of the prima facie right and 
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infraction.of the enjoyment of his.property or the right is a condition for 
grant of temporary injunction. However, prima facie case is not to be 
confused with prima facie title which has to be established, on evidence at 
the trial. [475G, 476B] 
3. Satisfaction that there is a primafacie case by itself is not sufficient 
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to grant injunction. The court further has to satisfy that non-interference 
by the court would result in 'irreparable injury' to the party seeking relief 
and that there io; no other remedy available to the party except one to grant 
injunction and he needs protection from the consequences of apprehended 
in,iury or dispossession. Irreparable injury, however, does not mean that 
there must be no physical possibility of repairing the injury, but means 
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only that the injury must be a material one, namely one that cannot be 
adequately compensated by way of damages. [476 C-D] 
4. Further, the 'balance of convenience' must be in favour of 
granting injunction. The court while granting or refusing to grant injunc-
tion should exercise sound judicial discretion to find the amount of 
substantial mischief or injury which is likely to be caused to the parties, 
it' the injunction is refused and compare it with that, which it is likely to 
be caused to the other side if the injunction is granted. If on weighing 
competing possibilities or probabilities of likelihood of injury and if the 
court considers that pending the suit, the sub,iect matter should be 
maintained in status quo, an injunction would be issued. [476 D-E] 
5. In a suit seeking to set aside the decree, the subject matter in the 
earlier suit though became final, the court would in an appropriate case 
gr?nt ad interim injunction when the party seeks to set aside the decree on 
the ground of fraud pleaded in the suit or for want of jurisdiction in the 
fourt which passed the decree. But the court would be circumspect before 
granting the in,iunction and look

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