Dalpat Kumar v. Prahlad Singh

Facts

• A dispute arose between the parties regarding possession of immovable property
• The plaintiff (Prahlad Singh) sought a temporary injunction under Order XXXIX to restrain the defendant from dispossessing him pending trial
• The trial court granted the injunction
• The defendant (Dalpat Kumar) challenged the injunction, arguing the conditions for grant were not satisfied
• The matter reached the Supreme Court on the question of the correct legal test for temporary injunctions

Issue

1. What are the conditions that must be satisfied for grant of a temporary injunction under Order XXXIX Rules 1 and 2 of the CPC?

Held

• The grant of temporary injunction is a discretionary relief governed by equitable principles
• Three conditions must be satisfied:
• All three conditions are cumulative, not alternative. Failure on any one is fatal.
• The court exercises judicial discretion, not arbitrary power
• The injunction is an equitable remedy; the applicant must come with clean hands

Ratio Decidendi

Temporary injunction under Order XXXIX requires satisfaction of three cumulative conditions: prima facie case, balance of convenience, and irreparable injury. The court at the interlocutory stage does not decide merits but only evaluates whether a triable issue exists and whether the equitable conditions are met.