Question

The three pillars on which foundation of every order of injunction rests

• A. prima facie case, injury with damage and balance of inconvenience
• B. prima facie case, reparable injury and balance of convenience
• C. prima facie case, irreparable injury and balance of convenience
• D. prima facie case, damage without injury and balance of convenience

Hint:

Memorize this trifecta: Prima Facie Case, Irreparable Injury, and Balance of Convenience. These are fundamental not just for injunctions under CPC (Order XXXIX) but for most forms of interim relief in law.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
An injunction is a judicial remedy where a court orders a party to either do a specific act (mandatory injunction) or refrain from doing a specific act (prohibitory injunction). A temporary injunction, granted during the pendency of a suit, is a discretionary relief. The court grants it only after being satisfied on three well-established principles.
Step 2: Detailed Explanation:
The three cardinal principles or "pillars" for the grant of a temporary injunction, as established through numerous judicial precedents, are: \begin{enumerate} \item Prima Facie Case: The plaintiff must establish that there is a serious question to be tried and that there is a high probability of them succeeding in the suit. It doesn't mean a case that is guaranteed to succeed, but one which is not frivolous or vexatious. \item Irreparable Injury: The plaintiff must show that they would suffer an injury that cannot be adequately compensated by way of damages if the injunction is not granted. The injury must be substantial and material. The term "reparable injury" in option (B) is the opposite of what is required. \item Balance of Convenience: The court must weigh the inconvenience or harm that the plaintiff would suffer if the injunction is refused against the inconvenience or harm that the defendant would suffer if the injunction is granted. The balance must tilt in favour of the plaintiff. \end{enumerate} Option (C) correctly lists all three of these essential ingredients.
Step 3: Final Answer:
The three pillars for an order of injunction are prima facie case, irreparable injury and balance of convenience.