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Report No. 58

Reasons for above safeguards

4.18. We may state here that so far as the issue of temporary injunctions under the Code of Civil Procedure is concerned, these safeguards had to be thought of in view of the widespread feeling that many suits were delayed because of the grant of temporary injunctions ex parte, and injustice was often done to the opposite party (i.e., the party against whom the injunction is issued). The restrictions suggested are self-explanatory. It appeared to us desirable to consider the question whether somewhat similar conditions should apply in relation to the grant of stay in writ cases also.



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