M.P. Civil Judge Question Paper 2019 Phase I

When an order for injunction may be discharged, varied or set aside? What are the consequences of disobedience or breach of injunctioin?

Verified Answer
  1. Core Legal Answer & Context: An order for injunction, though a powerful remedy, is not immutable. Under the Civil Procedure Code (CPC), it may be discharged, varied, or set aside by the court that granted it, or by a superior court. This typically occurs if: (a) There is a material change in circumstances since the injunction was granted. (b) The injunction was obtained by misrepresentation or suppression of material facts. (c) The injunction causes undue hardship to the party against whom it was granted, and the balance of convenience shifts. (d) The order was passed without jurisdiction or is otherwise legally unsustainable.

Consequences of Disobedience or Breach: Disobedience or breach of an injunction order constitutes contempt of court. The court has powers to enforce its orders and punish non-compliance. The consequences can be severe: (a) Attachment of the property of the person guilty of disobedience. (b) Detention of such person in civil prison. (c) In some cases, the court may even direct the police to ensure compliance.

  1. Relevant Statutes and Sections:
  • Civil Procedure Code, 1908: Order 39 Rule 4 (for discharge/variation/setting aside), Order 39 Rule 2A (for consequences of disobedience).
  • Contempt of Courts Act, 1971.
  1. Important Landmark Cases:
  • S.P. Chengalvaraya Naidu v. Jagannath (1994): Emphasized that an order obtained by fraud or suppression of material facts can be set aside.
  • Anil Kumar Singh v. Vijay Pal Singh (2000): Discussed the powers of the court under Order 39 Rule 2A for breach of injunction.
  1. Clear Conclusion: Injunctions are subject to modification or revocation based on changed circumstances or procedural impropriety, reflecting the court's inherent power to do justice. However, once in force, their breach is a serious matter, attracting stringent penalties to uphold the sanctity and authority of judicial orders.