Law: Civil Procedure Code (V of 1908)

Section: 3,2

Law: Specific Relief Act (I of 1877)

Section: 54,56 & 57

  Civil Procedure Code (V of 1908)---O. XXXIX, r. 3 Temporary injunction-Obligatory on Court to give notice of applica tion to opposite party except where object of injunction likely to be defeated by delay-Subordinate Courts to pay due regard to require ments of r. 3, O. XXXIX while issuing ex parte injunction and remember that a, hasty order might put opposite party at consider able disadvantage and cause unnecessary hardship for a long time Specific Relief Act (I of 1877), S. 53.   Specific Relief Act (I of 1877)----S. 54-Injunction, an equitable relief-Court would not grant injunction at option of one party to prevent breach of agreement if similar injunction could not be validly granted in opposite case.   Lumley v. Wagner 21 L J Ch. 898 and Whitewood Chemical Co. v. Hardman (1891) 2 Ch. 416 ref.   Specific Relief Act (I of 1877)---Ss. 54, 56 & 57-Perpetual injunction-Agreement between parties not specifically enforceable by Court-Whether and when negative term can be implied from such agreement to be enforceable by injunction.   In order that a negative term may be held to be implied and which may be enforced by injunction it must be such which should be severable from the opposite obligation. If the Court were to hold otherwise it would lead to obvious anomaly, vie, where a posi tive term of an agreement could not be enforced by an injunction because of the reasons stated in section 54 the same object could be indirectly achieved by imputing an implied negative agreement merely out of a positive term and enforce it under the provisions of section 57. It was not intended by section 57 to destroy the effect of the provisions contained in section 54 and clause (f) of section 56.   Civil Procedure Code (V of 1908)-----O. XXXIX, r. 2 Temporary injunction-Justification for grant of relief-Specific Relief Act (I of 1877), Ss. 53 & 54.   Merely because it might be thought fit to grant a perpetual injunction after the hearing in a case it does not follow that a temporary injunction before the hearing' must necessarily be granted. To justify a temporary injunction, not only must the case be such that an injunction is…