Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

(a) Civil Procedure Code (V of 1908)-------O. XXXIX, Rr. 1 & 2---Grant of interim injunction---Essential ingredients---Party seeking interim injunction must show that a prima facie case existed in his favour, the court be satisfied that if injunction is not issued, irreparable damage or injury would be caused to such party and the balance of convenience has to be in favour of the grant of injunction. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2, O. II, R. 2 & S. 114---Specific Relief Act (I of 1877) S. 12---Suit for specific performance of contract and damages---Contract for sale of sugar---Interim injunction, grant of---Plaintiff had claimed that sugar was not delivered by the defendants as per delivery order and agreements and sought specific performance of agreements and additionally claimed damages---Application for temporary injunction, to restrain defendants from creating third party interests or from selling sugar to the extent of the plaintiff's claim was allowed, however was later modified so as to not include sugar produced in subsequent seasons---Contention of defendants was inter alia, that there was no remaining obligation for supply of sugar to plaintiff and that since plaintiff had calculated and claimed damages in the suit, therefore no interim injunction or specific performance could be granted---Held, that reports of the court appointed Nazir inspections, confirmed that the defendants were creating third party interests in the sugar by selling it to various buyers---Under Rule 2 of Order XXXIX, C.P.C., plaintiff could apply for temporary injunction to restrain defendants from committing breach of contract whether compensation was claimed in the suit or not---Damages claimed by the plaintiff were in addition to the relief of specific performance was not claimed as an alternative relief---Loss or injury which the plaintiff would suffer in case defendants commit breach of agreement, could not be calculated and proper course would be to restrain the defendants from committing breach of contract pending decision of the suit---Balance of convenience lay therefore in favor of the plaintiff---Under Order II, R. 2, C.P.C.…