Rule 4 of CPC : Rule 4: Order for injunction may be discharged, varied or set aside.

Explanation using Example

Example 1:

Scenario: Rajesh owns a piece of land in Mumbai. He discovers that his neighbor, Suresh, has started constructing a building that encroaches on his land. Rajesh files a suit and obtains a temporary injunction from the court to stop Suresh from continuing the construction.

Application of Rule 4:

• Discharge or Variation: Suresh can apply to the court to discharge (cancel) or vary (modify) the injunction if he believes it was wrongly granted. For instance, if Suresh can prove that the construction does not encroach on Rajesh's land, the court may discharge the injunction.
• False Statement: If Rajesh had knowingly made a false statement in his application for the injunction, such as falsely claiming the extent of the encroachment, and the injunction was granted without notifying Suresh, the court is required to vacate (cancel) the injunction.
• Change in Circumstances: If the court had initially heard both parties before granti...

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