Question

Temporary Injunction can be granted

• A. Suo moto
• B. Ex parte
• C. Hearing both parties
• D. None of the above

Hint:

Remember that courts prefer to hear both sides before passing any order (the principle of audi alteram partem). Granting an ex parte injunction is an exception used only in urgent situations to prevent irreparable harm.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks about the manner in which a temporary injunction can be granted by a court under the Code of Civil Procedure, 1908.

Step 2: Detailed Explanation:
A temporary injunction is a provisional relief granted by the court to preserve the subject matter of a suit until the final disposal of the case. The rules for this are primarily in Order XXXIX of the CPC.
- (C) Hearing both parties: This is the standard procedure. The court issues a notice to the opposite party and hears their arguments before deciding on the injunction application. This is known as an ad interim injunction.
- (B) Ex parte: Under Order XXXIX, Rule 3, the court has the power to grant an injunction without giving notice to the opposite party if it appears that the object of granting the injunction would be defeated by the delay. This is called an ex parte ad-interim injunction.
- (A) Suo moto: A court does not generally grant an injunction on its own motion (suo moto). It is a relief that must be sought by a party to the suit.
The question asks how an injunction "can be granted." It can be granted after hearing both parties, and it can also be granted ex parte. Given the options, and the fact that an ex parte order is a specific and significant power, it is a valid way an injunction can be granted. Since both (B) and (C) are technically correct methods, such a question might be considered ambiguous. However, in legal exams, 'Ex parte' is often highlighted as a distinct power of the court. Without an option like "Both B and C," choosing the most specific power mentioned, 'Ex parte', is a reasonable interpretation.

Step 3: Final Answer:
A temporary injunction can be granted ex parte (without hearing the other side) in cases of urgency.