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Analyzing Defendant’s Right to Seek Temporary Injunction under C.P.C.
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Kartikey Agarwal
Student at Symbiosis Law School, Pune, India.
Abstract
Under the civil law the remedy of temporary or interim injunction has been widely been used by the plaintiff to prevent irreparable harm that may arise due to actions of the defendant. These actions may include wastage, alienation or disposal of the suit property. However, the right to seek temporary injunction is not excusive to the plaintiff. The Order XXXIX of the Civil Procedural Code does not place any bar upon the defendant to seek this remedy if required. In this article, the author tries to understand and analyze defendant’s right to seek interim injunction under various provisions of the Code. The author further takes note of various judicial precedents that solidify defendants inherit right to seek injunction.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 1208 - 1215
DOI: https://doij.org/10.10000/IJLMH.113148Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2021