Law: Specific Relief Act, 1877

Section: 54

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2,O.XLIII,R.1readwithO.XLI, R.5

(a) Specific Relief Act (I of 1877)-------S. 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr. I & 2--�Temporary injunction, grant of---General principles---Plaintiffs sought temporary injunction for restraining the defendants from selling such portion of land which parties had mutually agreed to give passage to each other--�Trial Court refused to grant temporary injunction on the ground that execution of compromise deed having been denied by the defendants/plaintiffs had produced photo copy of compromise which could not be relied upon unless the same was proved by producing original document in evidence and that plaintiffs had in their plaint mentioned about sale-deed while no such sale-deed was found on the record and as such plaintiffs had no prima facie case---Validity---Prior to compromise there were number of criminal and civil cases between the parties which were settled as per compromise, therefore, it could not be said that there was no compromise---Defendants in their written statement admitted that some compromise was entered into between the parties but with rider that it was for any exchange of land---Such grounds of refusal of temporary injunction could be determined at the trial---Plaintiffs had made prima facie case and balance of inconvenience in their favour in circumstances and they were bound to suffer irreparable loss---Temporary injunction was granted.(b) Civil Procedure Code (V of 1908)-------0. XXXIX, Rr. 1 & 2---Temporary injunction, grant of---Essentials.To be entitled to temporary injunction during the pendency of the suit all that was required to disclose a prima facie case, irreparable loss and balance of convenience. At an initial stage, no findings of determinative nature was required to be made on the disputed question of law and fact raised in the suit and all that was required was to keep in the background the facts alleged and disputed in a case and to refer to broad principles of law likely to be applied in resolving them with a view to find out whether there existed a prima facie case. The party to be entitled to injunction should simply disclose that he had an arguable case in his favour.Mrs. Parveen Begum v.…