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 granting the injunction, Suresh can only apply to discharge or vary the injunction if there is a significant change in circumstances, such as Rajesh selling the land to a third party, or if the injunction is causing undue hardship to Suresh, like financial losses due to halted construction.

Example 2:

Scenario: Priya runs a small boutique in Delhi. She finds out that her competitor, Anjali, is using a logo that is very similar to hers, causing confusion among customers. Priya files a suit and obtains a temporary injunction to stop Anjali from using the logo.

Application of Rule 4:

• Discharge or Variation: Anjali can apply to the court to discharge or vary the injunction if she believes it was wrongly granted. For example, if Anjali can prove that her logo is significantly different and does not cause confusion, the court may discharge the injunction.
• False Statement: If Priya had knowingly made a false statement in her application, such as exaggerating the similarity between the logos, and the injunction was granted without notifying Anjali, the court must vacate the injunction.
• Change in Circumstances: If the court had initially heard both parties before granting the injunction, Anjali can only apply to discharge or vary the injunction if there is a significant change in circumstances, such as Priya changing her logo, or if the injunction is causing undue hardship to Anjali, like loss of business due to rebranding.