Dalpat Kumar v. Prahlad Singh

Facts

The plaintiffs sought a temporary injunction to restrain interference during the pendency of a suit concerning property. The trial court's grant of the injunction was challenged on appeal, raising the question of the correct standard for interlocutory relief. The matter reached the Supreme Court on the principles governing the exercise of discretion under Order 39.

Issues

• What are the governing conditions for grant of a temporary injunction under Order 39 CPC?
• What does 'prima facie case' mean and how does it differ from a prima facie title?

Arguments

The party seeking the injunction contended a serious triable question existed and that withholding relief would cause irreparable harm. The opposing party argued no enforceable right was shown and that the balance of convenience did not favour restraint.

Held

The Court held that an applicant must satisfy three cumulative conditions: a prima facie case (a substantial bona fide question needing investigation, not proof of title), that the court's interference is necessary to prevent irreparable injury before the right can be established at trial, and that the balance of convenience favours granting the injunction. It clarified that 'prima facie case', 'balance of convenience' and 'irreparable loss' are not incantatory phrases but words of width and elasticity, to be applied with sound judicial discretion to meet the ends of justice. Irreparable injury means injury that cannot be adequately compensated in damages. The discretion must be exercised judicially, not arbitrarily.

Ratio decidendi

A temporary injunction may be granted only where the applicant establishes a prima facie case, that the balance of convenience lies in his favour, and that he would suffer irreparable injury not compensable in money if relief is refused; all three must coexist and be applied through reasoned judicial discretion.

Significance

The leading authority defining the tripartite test for interlocutory injunctions in India, routinely cited in virtually every interim injunction matter. It crystallised the prima facie case / balance of convenience / irreparable injury framework and remains good law.

Related