1923_CODE_OF_CIVIL_PROCEDURE — Page 147

1260

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Giving notice

583. The court shall in all cases under this Chapter, of application 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.

for injunc-. tion. Indian Code, 8. 494.

Effect of injunction

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 Indian Code, company or corporation whose personal action it seeks to

restrain.

directed to company or corporation.

8. 495.

Discharge,

etc., of order

for injunction. Indian Code,

8. 496..

Power to award limited

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 compensation was applied for on insufficient grounds, or if the action is to defendant dismissed or judgment is given against the plaintiff by for unjustifi- able injunc-

default or otherwise, and it appears to the court that there tion. was no probable ground for instituting the action, the court H. K. Code, s. 18 (4).

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 one thousand dollars, as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustain- ed 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.

Appointment of receiver of

property in dispute and powers of

CHAPTER XXVII.

RECEIVER.

587. Whenever it appears to the court to be necessary for the realization, preservation, or better custody or manage- ment of any property, the subject of an action or other proceeding or under attachment, the court may appoint a H. K. Code, receiver of such property, and, if necessary, order all or any

of the following things:-

receiver.

8. 18 (1).