Temporary Injunction -- Mini-Trial Conducted at Interlocutory Stage -- Courts must confine findings to prima facie case, balance of convenience and irreparable injury
(i) Civil Procedure Code, 1908, O.39 R.1 -- Temporary Injunction -- Mini-Trial Conducted at Interlocutory Stage -- Orders on applications for temporary injunction must be confined to recording findings on prima facie case, balance of convenience and irreparable injury, without examining final merits or probable outcome of issues properly reserved for trial. Writing lengthy, merits-laden orders amounts to an impermissible mini-trial. (ii) Civil Procedure Code, 1908, O.43 R.1(r) -- Temporary Injunction -- Scope of Appellate Interference with Discretionary Order -- An order on an application for temporary injunction is discretionary, and an appellate court does not ordinarily substitute its own view merely because it might have reached a different conclusion on the same material. Interference is warranted only where discretion has been exercised arbitrarily, capriciously, perversely or contrary to settled principles regulating grant or refusal of injunctions. (iii) Specific Relief Act, 1963, S.36 -- Temporary Injunction -- Standard for Prima Facie Case -- A prima facie case does not require proof of title beyond doubt; it requires demonstration of a substantial bona fide question meriting investigation at trial. The court must weigh injury apprehended by the plaintiff against prejudice to the defendant, and loss of controlling shareholding or creation of third-party rights over disputed properties can constitute irreparable injury not compensable in damages.
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