(2)In dealing with application for temporary injunctions the Courts should be guided by the following principles :-(i)Plaint and affidavits should be critically examined and the Courts should satisfy themselves that there has really been an invasion of rights sufficient to justify interference.(ii)The Courts should appreciate that an interlocutory injunction should be granted ex-parte only in very exceptional circumstances and ordinarily only in cases in which the applicant establishes that by no reasonable diligence on his part, could he have avoided the necessity for making the application. In this connection attention is invited to Rule 3 of Order 39, Civil Procedure Code, which directs that the notice "Shall" be given unless the emergency is so grave that notice will defeat the object of the injunction.Particular care should be taken in dealing with the applications for temporary injunctions against local bodies and similar institutions.(iii)Temporary injunctions when granted should ordinarily be limited to hold good only for the minimum time required for the defendant to appear before the Court to show cause against the injunction.(iv)When granting such an injunction the greatest care should be taken to state in precise terms the particular acts which are forbidden. A vague and general order that the application for injunction is granted should never be recorded. Without such specific directions injunction orders are frequently drawn up by, copying out a long rumbling statement from the plaint or application for injunction.(v)The defendant should be served with copies of the plaint and affidavit and should be allowed a few days thereafter within which to appear and object. The presiding Judge should ordinarily dispose of the application on the date so fixed and adjournments should be very sparingly granted. It is of the utmost importance that injunction applications should be heard and determined with the greatest expedition.
