1270
No. 3 of 1901.
Giving notice for injunction.
CODE OF CIVIL PROCEDURE.
be lawful for the plaintiff, at any time after the commencement of the action and whether before or after judgment, to apply to the Court for an injunction to restrain the defendant from the repetition or continuance of the breach of contract or injury complained of, or the commission of 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 injunction may be granted by the Court on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as may seem just.
(3) In case of disobedience, the injunction may be enforced by the committal to prison of the person disobeying it.
583. The Court shall in all cases under this Chapter, except where it appears that the object of granting an injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party.
Indian Code, s. 494.
Effect of injunction directed to company or corporation.
584. An injunction directed to a public company or corporation shall be binding not only on the company or corporation itself but also on all members and officers of the company or corporation whose personal action it seeks to restrain.
[ib. s. 495.]
Discharge, etc., of order for injunction.
[ib. s. 496.] Power to award limited s. 18 (4).
585. Any order for an injunction made under this Chapter may, on application made for that purpose by any party affected by the order, be discharged or varied, or set aside by the Court, on such terms as may seem just.
586.-(1) If it appears to the Court that the injunction was applied for on insufficient grounds, or if the action is dismissed or judgment is given against the plaintiff by default or otherwise, and it appears to the Court that there was no probable ground for instituting the action, the Court may, on the application of the defendant, made either before or at the time of the pronouncing of the judgment, award against the plaintiff such amount, not exceeding 1,000 dollars, as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by the issue of the injunction: Provided that the Court shall not award a larger sum by way of compensation under this section than it is competent to the Court to award in an action for damages.
(2) An award of compensation under this section shall bar any action for damages in respect of the issue of the injunction.