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Criminal Procedure Code QUESTION #9492
Question 1
A mortgagee bank files a suit for sale of the mortgaged property. The bank is the plaintiff. It applies for a temporary injunction restraining the mortgagor B from creating any third-party interest in the property pending suit. B argues an injunction cannot be granted in favour of the plaintiff since the suit itself seeks sale of the property. Is B's argument sound?
  • No; a Court has power to grant interim injunctions to preserve the subject-matter of the suit and protect the plaintiff's interest pending final adjudication, regardless of the relief ultimately sought✔️
  • No; but the injunction requires the deposit of security by the plaintiff
  • Yes; interim injunctions are only for defendants
  • Yes; a plaintiff seeking sale cannot simultaneously obtain an injunction
Correct Answer Explanation
Under Order XXXIX CPC, a Court can grant a temporary injunction in any suit at any stage if the case falls within the prescribed conditions. The relief finally sought does not preclude interim relief. Preserving the mortgaged property from further encumbrance pending a suit for sale is a classic ground for interim injunction.