Interlocutory Applications - Duty of the Courts
By
Hon’ble Mr. Justice M. Y. Eqbal
Duty of the Courts in Disposal of Interlocutory Applications
Pendency of about 66,000 Interlocutory Applications for temporary injunction in the District Courts and Subordinate Courts in the State of Tamil Nadu seeking grant of temporary injunction has prompted me to write this article on the “Duty of the Courts in Disposal of Interlocutory Applications” and also to make our judicial officers aware of the basic principles with regard to grant of injunctions, and also to sensitize them so that pendency of such applications can be reduced.
Petitions for temporary injunctions are governed by Order XXXIX Rule 1 and 2 of the Code of Civil Procedure and the source of power of the Court is derived from Section 94 of the Code. Section 94 summarizes the general power of the Court in regard to interlocutory proceedings.
Clause (c) of Section 94 of the Code confers power to Court to grant temporary injunction and in case of dis ....