Report No. 145
4.4. Injunctions.-
Since a point is often made1 regarding temporary injunctions issued by courts against public authorities, it becomes necessary to offer a brief analysis of the relevant provisions of the law. We leave aside permanent injunctions, which are governed by section 38 of the Specific Relief Act, 1963 and concentrate on the issue of temporary injunctions under the Civil Procedure Code. Injunctions concerning property are provided for by Order 39, rule 1 of the Code. The more frequently invoked provision in the context of public sector undertakings would appear to be Order 39, rule 2(1), which we quote below:-
"2.(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of like kind arising out of the same contract or relating to the same property or right."
1. Para. 1.3. Second and third sub-paragraphs, supra.
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