Rule 1 of CPC : Rule 1: Cases in which temporary injunction may be granted.

Explanation using Example

Example 1:

Scenario: Rajesh owns a piece of agricultural land in his village. He has filed a lawsuit against his neighbor, Suresh, claiming that Suresh is trying to encroach upon his land. Rajesh provides evidence that Suresh has started constructing a wall on the disputed land.

Application of the Act: Rajesh can file an application for a temporary injunction under Rule 1 of Order XXXIX of the Code of Civil Procedure, 1908. He can argue that the property in dispute is in danger of being wasted or damaged by Suresh's construction activities. The court, upon being satisfied with the evidence, may grant a temporary injunction to restrain Suresh from continuing the construction until the final decision of the suit.

Example 2:

Scenario: Meena has a jewelry shop and has supplied a large consignment of gold jewelry to a retailer, Ravi, on credit. Meena learns that Ravi is planning to sell off his shop and move to another city without paying her dues. She fears that Ravi is trying to defraud her and other creditors.

**Appl...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.