322 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
Injunction.
Claim of writ 67. In all cases of breach of contract or other injury, where the
of injunction.
party injured is entitled to maintain and has brought an action, he may,
in like case and manner as hereinbefore provided with respect to mandamus,
claim a writ of injunction against the repetition or continuance of such
breach of contract or other injury, or the committal 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 , and he may also in the same action
include a claim for damages or other redress .
Form of writ 68. The writ of summons in such action shall be in the same form
of summons
and endorse as the writ of summons in any personal action , but on every such writ
ment thereon.
and copy thereof there shall be endorsed a notice , that in default of
appearance the plaintiff may, besides proceeding to judgment and exe
cution for damages and costs , apply for and obtain a writ of injunction .
Form of 69. The proceedings in such action shall be the same, as nearly as
proceedings
and of may be, and subject to the like control , as the proceedings in an action
judgment.
to obtain a mandamus under the provisions hereinbefore contained ; and
in such action judgment may be given that the writ of injunction do or
do not issue , as justice may require ; and in case of disobedience , such
writ of injunction may be enforced by attachment by the Court.
Writ of 70. It shall be lawful for the plaintiff, at any time after the com
injunction
may be mencement of the action , and whether before or after judgment, to apply
applied for at
any stage of ex parte to the Court for a writ of injunction to restrain the defendant in
the cause .
such action from the repetition or continuance of the wrongful act or
breach of contract complained of, or the committal 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 ; and such writ may be granted or
denied by the Court upon such terms as to the duration of the writ,
keeping an account, giving security, or otherwise, as to such Court shall
seem reasonable and just ; and in case of disobedience , such writ may be
enforced by attachment by the Court.
Equitable 71. It shall be lawful for the defendant or plaintiff in any cause in
defence may
be pleaded. Court in which, if judgment were obtained , he would be entitled to relief
against such judgment on equitable grounds, to plead the facts which
entitle him to such relief by way of defence, and the Court is hereby
empowered to receive such defence by way of plea ; provided that such
plea shall begin with the words " For defence on equitable grounds , " or
words to the like effect.