Order XXXIX of the Code of Civil Procedure provides for temporary injunctions and other interlocutory orders in civil suits. These injunctions are preventive reliefs granted to restrain a party from doing a particular act during the pendency of the suit to preserve the status quo.
The Order lays down the conditions under which such injunctions may be granted or refused, and includes provisions for granting injunctions without notice in urgent cases. It ensures that the rights of the parties are protected while the main dispute is being adjudicated.
1. What is the primary subject matter of Order XXXIX of the CPC?
A. Appeals and revisions
B. Temporary injunctions and interlocutory orders
C. Execution of decrees
D. Specific performance of contracts
Answer: B. Temporary injunctions and interlocutory orders
2. Under Order XXXIX Rule 1, a temporary injunction may be granted in which of the following situations?
A. To restrain the defendant from disposing of property to defeat a decree
B. To compel the defendant to perform a specific act
C. To grant interim possession of immovable property
D. To enforce a final judgment
Answer: A. To restrain the defendant from disposing of property to defeat a decree
3. Which of the following is NOT a condition for granting a temporary injunction under Order XXXIX Rule 1?
A. There is a prima facie case in favor of the applicant
B. The balance of convenience lies in favor of the applicant
C. The applicant must prove the defendant’s malafide intentions
D. Irreparable injury would occur to the applicant if the injunction is not granted
Answer: C. The applicant must prove the defendant’s malafide intentions
4. Under Order XXXIX Rule 2, a temporary injunction can restrain which of the following?
A. Only acts causing physical damage to property
B. Any act that would violate the rights of the plaintiff
C. Acts that have already been completed
D. Acts not connected to the subject matter of the suit
Answer: B. Any act that would violate the rights of the plaintiff
5. Under Order XXXIX Rule 2A, what action can the court take if a party disobeys a temporary injunction order?
A. Impose a fine or order imprisonment for up to three months
B. Dismiss the suit entirely
C. Declare the opposing party’s victory in the suit
D. Transfer the suit to a higher court
Answer: A. Impose a fine or order imprisonment for up to three months
6. Can a temporary injunction be granted without notice to the opposite party as per Order XXXIX Rule 3?
A. No, notice is always mandatory
B. Yes, but only if the court is satisfied that the delay caused by serving notice would defeat the purpose of the injunction
C. Yes, in all cases involving urgent matters
D. No, unless the opposite party consents
Answer: B. Yes, but only if the court is satisfied that the delay caused by serving notice would defeat the purpose of the injunction
7. What is the effect of an injunction granted under Order XXXIX?
A. It operates indefinitely until the suit is disposed of
B. It remains in force until the court modifies or discharges it
C. It is automatically vacated after 30 days
D. It cannot be challenged in an appellate court
Answer: B. It remains in force until the court modifies or discharges it
8. What must a party seeking a temporary injunction under Order XXXIX furnish if directed by the court?
A. An affidavit supporting their claims
B. A security bond or undertaking to indemnify the opposing party for any loss
C. A written promise to withdraw the suit if the injunction is not granted
D. A list of all witnesses supporting their case
Answer: B. A security bond or undertaking to indemnify the opposing party for any loss
9. Under what circumstances can a court dissolve an injunction granted under Order XXXIX?
A. If the defendant files a counterclaim
B. If the plaintiff fails to appear at any hearing
C. If it is shown that the injunction was obtained by suppressing material facts
D. If the defendant disagrees with the injunction
Answer: C. If it is shown that the injunction was obtained by suppressing material facts
10. What is the remedy available to the aggrieved party if an injunction under Order XXXIX is wrongfully granted?
A. File a fresh suit against the opposing party
B. Appeal the order under Section 104 of the CPC
C. Claim compensation for wrongful injunction after the suit is decided
D. Both B and C
Answer: D. Both B and C