Temporary Injunction & Both-Sides Hearing: What’s the Rule?

Ajouté : 2026-05-28

[00:00:00]Now, as far as temporary injunction is concerned, you have learned this in your first year of specific relief act. That injunction chapter section 36 to 42. You have learned that. Where temporary injunction was granted. Now, temporary injunction, remember, at times can be sanctioned even without hearing the other side. Generally, what happens?

[00:00:25]Court cannot pass any order without hearing both the sides. And both the sides have been given reasonable opportunity of being heard to uphold the principle of natural justice and fair play. But, here what happens? It is not so. Temporary injunction can be granted even without hearing. For example, take the same example which I have given.

[00:00:50]Municipal Corporation has given you a notice.

[00:00:53]You will rush to the court, ask for the leave of the court, ask for temporary injunction. Let the Municipal Corporation file his reply. You will have to take a notice of motion and get the temporary injunction till the Municipal Corporation files the reply.

[00:01:10]My structure should not be demolished.

[00:01:12]That's all. Court will grant you temporary injunction till next date and will ask you to serve the documents on to Municipal Corporation.