Law:

Section:

(a) Civil Procedure Code (V of 1908)---   ----0. XXXIX, Rr. 1, 2 & 3---Grant of temporary injunction---Essentials---Term "prima facie case"--- Import.   The provisions applicable to temporary injunctions are contained in Order XXXIX, Rules 1, 2 and 3, Civil Procedure Code. Rule 1 provides that the Court may, by order, grant a temporary injunction to restrain the defendant from pursuing an action (i) where by his action, the property in dispute was in danger of being wasted, damaged or alienated or wrongfully sold in execution of a decree, or (ii) where the defendant threatened or intended to remove or dispose of his property to defraud his creditors. In order to avail the remedy of interim injunction, it was enjoined upon the plaintiff to satisfy the Court that he had a prima facie case in his favour, the balance of convenience was in his favour and that in case of refusal of interim injunction, he would suffer irreparable loss. The primary consideration while allowing or disallowing an interim injunction, is that the Court has to ascertain whether the plaintiff has a prima facie case or not. Unless it is satisfied that there is a prima facie case, the Court shall restrain from applying mind to the other two conditions. The term `prima facie case' is not specifically defined in the Code of Civil Procedure. The judge-made law or the consensus is that in order to satisfy about the existence of prima facie case, the pleadings must contain facts constituting the existence of right of the plaintiff and its infringement at the hands of the opposite party. For, unless the plaintiff shows existence of some of his right and its infringement, it shall not be deemed that he has any prima facie case.   P L D 1959 (W.P.) Lah. 264; P L D 1957 (W.P.) Kar. 435 and P L D 1906 (W.P.) Kar. 472 ref.   (b) Words and phrases---   ---- Term "prima facie case"--- Meaning, scope and import of.   The term `prima facie case' is not specifically defined in the Code of Civil Procedure. The judge-made law or the consensus is that in order to satisfy about the existence of prima facie case; the pleadings must contain facts…