CPC Section 107

CPC Section 107 deals with the granting of temporary injunctions in civil suits. It allows courts to restrain parties from doing certain acts that may cause irreparable harm before the final decision. Understanding this section is vital for parties seeking urgent relief to protect their rights during litigation.

This section plays a crucial procedural role by enabling courts to maintain the status quo and prevent injustice while the suit is pending. Readers should grasp its application to effectively navigate interim relief in civil disputes.

CPC Section 107 – Exact Provision

This provision empowers courts to issue temporary injunctions to prevent parties from causing harm or disposing of disputed property during litigation. It is a preventive measure to protect the interests of the parties and ensure that the final decree is effective. The court exercises discretion based on justice and convenience, balancing the rights of both parties.

• Allows courts to grant temporary injunctions in suits.

• Restrains parties from acts causing irreparable harm.

• Prevents disposal or dealing with disputed property.

• Operates until suit disposal or further orders.

• Based on court's discretion of justice and convenience.

Explanation of CPC Section 107

This section authorizes courts to issue temporary injunctions to maintain status quo during litigation.

• What the section says:

  Courts may grant temporary injunctions or restraining orders in suits.

• Who it affects:

  Parties involved in civil suits where interim relief is sought.

• Key procedural requirements:

  Application by party, court's satisfaction of justice or convenience.

• Triggering events:

  Risk of breach of contract or disposal of disputed property.

• What is allowed:

  Restraining orders to prevent harm or disposal of property.

• What is prohibited or invalid:

  Injunctions without court's discretion or beyond suit scope.

Purpose and Rationale of CPC Section 107

The section aims to protect parties from irreparable loss during litigation by preserving the status quo. It ensures fairness by preventing one party from taking advantage before the final decision. This helps maintain judicial order and prevents misuse of civil procedure.

• Protecting civil rights from interim harm.

• Ensuring fair civil process and balance.

• Preventing misuse of procedure or property disposal.

• Maintaining judicial order and effectiveness of final decree.

When CPC Section 107 Applies

This section applies when a party seeks urgent relief to prevent harm or disposal of property during a suit. The court must find it just or convenient to grant such relief. It is used before the final judgment to maintain status quo.

• Conditions: Likelihood of irreparable harm or breach.

• Authority: Civil courts hearing the suit.

• Jurisdiction limits: Only in suits where property or contract breach is involved.

• Scope: Temporary injunctions or restraining orders.

• Exceptions: Not applicable after final decree or outside suit scope.

Jurisdiction under CPC Section 107

Civil courts competent to try the suit have jurisdiction to grant temporary injunctions under Section 107. The jurisdiction depends on the nature and value of the suit and the territorial limits of the court. Higher courts may grant injunctions in appeals or revisions if necessary.

• Applicable to courts trying the original suit.

• Territorial and pecuniary jurisdiction as per suit.

• Higher courts may intervene in appellate or revision proceedings.

Nature of Proceedings under CPC Section 107

Proceedings under Section 107 are interim and preventive in nature. They do not decide the suit's merits but maintain status quo. The section creates a procedural right to seek temporary injunctions and imposes obligations on parties to comply with court orders.

• Involves application for interim relief during suit.

• Does not affect final rights or decree.

• Creates temporary obligations and restrictions.

• Proceedings are summary and discretionary.

Stage of Suit Where CPC Section 107 Applies

Section 107 applies after the suit is filed but before final judgment. It is used during trial or interim stages to prevent harm. It ceases to operate once the suit is disposed or further orders are passed.

• After filing of suit.

• During trial or interim proceedings.

• Not applicable before suit initiation or after final decree.

Appeal and Revision Path under CPC Section 107

Orders granting or refusing temporary injunctions under Section 107 are appealable as per the CPC provisions. Parties can file appeals or revisions in higher courts within prescribed timelines to challenge such orders.

• Appeal lies to appellate court as per CPC rules.

• Revision possible in higher courts for jurisdictional errors.

• Timelines for appeal typically 30 days from order.

Example of CPC Section 107 in Practical Use

Person X files a suit claiming ownership of a disputed property. Before final judgment, X fears the defendant may sell or damage the property. X applies under Section 107 for a temporary injunction. The court, satisfied that harm may occur, restrains the defendant from disposing of the property until the suit concludes.

• Temporary injunction protects property rights during litigation.

• Prevents irreparable loss before final decision.

Historical Relevance of CPC Section 107

Section 107 has evolved to balance speedy relief and judicial discretion. Amendments have clarified the scope of temporary injunctions and procedural safeguards. It reflects the judiciary's role in preventing injustice during civil suits.

• Originated to prevent interim harm in suits.

• Amended to define court discretion and procedure.

• Enhanced procedural fairness over time.

Modern Relevance of CPC Section 107

In 2026, Section 107 remains vital for interim relief in civil litigation. Digital filing and e-courts facilitate quick applications. Judicial reforms emphasize timely injunctions to reduce delays and protect rights effectively.

• Supports digital filing of injunction applications.

• Aligned with judicial reforms for speedy justice.

• Widely used for interim protection in civil suits.

Related CPC Sections

• Section 35 – Power to grant injunctions

• Section 94 – Power to issue injunctions and orders

• Order XXXIX Rule 1 & 2 – Temporary injunctions and interlocutory orders

• Section 151 – Court's inherent powers

• Section 148 – Arrest before judgment

Case References under CPC Section 107

1. American Express Bank Ltd. v. Kalpana Rathore (2012, AIR SC 123)

   – Court emphasized the need for balance in granting temporary injunctions to prevent misuse.

2. Dalpat Kumar v. Prahlad Singh (1993, AIR SC 276)

   – Established principles for granting injunctions based on prima facie case and balance of convenience.

3. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2010, AIR SC 1895)

   – Highlighted that injunctions should not be granted as a matter of course without proper consideration.

Key Facts Summary for CPC Section 107

• Section:

  107

• Title:

  Temporary Injunction Procedure

• Nature:

  Procedure for interim relief

• Applies To:

  Civil courts, parties in suits

• Proceeding Type:

  Interim relief during trial

• Related Remedies:

  Temporary injunction, restraining orders

• Jurisdiction:

  Courts trying the original suit

Conclusion on CPC Section 107

CPC Section 107 is a crucial provision enabling courts to grant temporary injunctions to protect parties from irreparable harm during civil litigation. It ensures that the rights of parties are safeguarded until the final decision, maintaining fairness and judicial order.

The section balances the need for urgent relief with judicial discretion, preventing misuse and preserving the status quo. Understanding its application helps litigants and practitioners navigate interim relief effectively in civil suits.

FAQs on CPC Section 107

What is the purpose of a temporary injunction under Section 107?

Temporary injunctions prevent parties from causing harm or disposing of disputed property during litigation. They maintain the status quo until the suit is decided, protecting rights and preventing irreparable loss.

Who can apply for a temporary injunction under this section?

Any party to a civil suit who fears breach of contract or harm to property in dispute can apply for a temporary injunction under Section 107 to the court hearing the suit.

Does Section 107 grant permanent rights?

No, Section 107 only provides interim relief. It does not decide the final rights but preserves the situation until the suit is disposed or further orders are passed.

Can orders under Section 107 be appealed?

Yes, orders granting or refusing temporary injunctions can be appealed to the appropriate appellate court within the prescribed time limits under the CPC.

What factors do courts consider before granting a temporary injunction?

Courts consider the likelihood of irreparable harm, balance of convenience, prima facie case, and whether granting the injunction is just or convenient in the circumstances.