Report No. 163

Interlocutory Relief

Q.40. Order 39, rule 31 (Temporary Injunction): Clause 30 of the Bill

Present Order 39, rule 1 of the Code empowers the court to issue temporary injunctions - mostly relating to disputed property or on apprehension that the defendant will dispose of his property to defraud his creditors. The Bill seeks to add sub-rule (2), under which "the court shall" (when granting such injunction) "direct the plaintiff to give security or make such other directions as the court thinks fit".

It is not certain if such a mandatory provision is really required and this point of substance will definitely need attention. In addition, the drafting may also need a second look.