Question

Temporary Injunction can be granted

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

Hint:

Pay attention to the wording of the question. "Can be granted" implies possibility. Even if a procedure is an exception to the general rule (like ex-parte injunctions), it is a valid possibility and thus a correct answer.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
A temporary injunction is a provisional relief granted by the court to preserve the subject matter of a suit in its current state until the final disposal of the case. The rules governing temporary injunctions are primarily found in Order XXXIX of the Code of Civil Procedure, 1908.

Step 2: Detailed Explanation:
A temporary injunction is typically granted after hearing both parties. This is the general rule, ensuring adherence to the principles of natural justice.
However, Order XXXIX, Rule 3 of the CPC provides for an exception. The court may grant an ad-interim injunction ex parte (without hearing the other side) if it is satisfied that the object of granting the injunction would be defeated by the delay of giving notice to the opposite party.
In such cases, the court must record its reasons for this opinion.
- A court cannot grant an injunction suo motu (on its own motion); an application must be made by a party.
- Hearing both parties is the standard procedure but not the only one.
- Therefore, the fact that it can be granted ex parte makes option (B) a correct statement describing a possible mode of granting the injunction. The question asks what can be done.

Step 3: Final Answer:
While temporary injunctions are usually granted after hearing both sides, the court has the power under specific circumstances to grant an ex parte injunction.