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Injunction to restrain repetition or continuance of breach
(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.
(2) The Court may be order grant such injunction, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the Court thinks fit.
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*Sub-rules (3) and (4) omitted by Act No. 104 of 1976, sec. 86 (w.e.f, 1-2-2024).
STATE AMENDMENTS
Madhya Pradesh.-In Order 39, rule 2, in sub-rule (2), insert the following proviso:-
"Provided that no such injunction shall be granted-
(a) where no perpetual injunction could be granted in view of the provisions of section 38
(b) to stay, the operation of an order for transfer, suspension, reduction in rank, compulsory retirement, dismmissal, removable or otherwise termination of service of, or taking charge from, any person appointed to public service and post in connection with the affairs of the State including any employee of any company or Corporation owned or controlled by the State Government; or
(c) to stay, any disciplinary proceeding, pending or intended or, the effect of any adverse entry against any, person appointed to public service and post in connection with the affairs of the State including any employee of the company owned or controlled by the State Government; or
(d) to restrain any election; or
(e) to restrain any auction intended to be made or, to restrain the effect of any auction made by the Government; or to stay the proceedings for the recovery of any dues recoverable as land revenue unless adequate security is furnished; and any order for injuction granted in contraven- tion of these provisions shall be void." [M.P. Act 29 of 1984].
Uttar Pradesh.-In rule 2, sub-rule (2), interest the following proviso:- "Provided that no such injunction shall be granted-
(a) where no perpetual injunction could be granted in view of the provisions of section 38 and section41 of the Specific Relief Act, 1963 (47 of 1963), or
(b) to stay the operation of an order for transfer, suspension, reduction in rank, compulsory retirement, dismissal, removal or otherwise termination of service of, or taking charge from, any employee including any employee of the Government, or
(c) to stay any disciplinary proceeding pending or intended, or, the effect of any adverse entry, against any employee of the Government, or
(d) to affect the internal management or affairs of any educational institution including a University, or a Society, or
(e) to restrain any election, or
(f) to restrain, any auction intended to be made or, the effect of any auction made, by the Government unless adequate security is furnished, or
(g) to stay the proceedings of the recovery of any dues recoverable as land revenue unless adequate security is furnished, or
(h) in any matter where a reference can be made to the Chancellor of a University under any enactment for the time being inforce;
and any order for injunction granted in contravention of these provisions shall be void".
[U.P. Act 57 of 1976 amended by Notification dated 3.10.2023 ].
1[2A. *Consequence of disobedience or breach of injunction
(1) In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.
(2) No attachment made under this rule shall remain in force for more than one year, at the end of which time if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.]
*Ins. by Act No. 104 of 1976 (w.e.f. 1-2-2024).
HIGH COURT AMENDMENT
Patna.-In Order XXXIX, in rule 2A, in sub-rule (1), after the words and figure "rule 2" and before the words "or breach of", insert the words and figures "or section 151".
[Vide Notification No. 243/R, dated 3rd August, 1979.]
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