Which statement correctly describes temporary injunctions under Order XXXIX of the CPC and the Specific Relief Act, 1963?
Question and options
Which statement correctly describes temporary injunctions under Order XXXIX of the CPC and the Specific Relief Act, 1963?
Temporary injunctions are wholly exempt from the Act’s substantive principles.
CPC procedure applies, together with relevant substantive injunction principles.
Order XXXIX authorizes disregard of the prohibition in section 41(b).
A temporary injunction requires a prior final decree.
Answer and explanation
Section 37(1) regulates temporary injunctions through the CPC. Relevant Specific Relief Act principles still apply. An interim injunction cannot be used to evade the prohibition in section 41(b).
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