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Hence, a party whop asks for an injunction must be able to satisfy the court that his dealing of the matter had been fair, honest and free of any fraud or illegality. The Discretion in granting or refusing injunction must be exercised judicially and not arbitrarily.
Either Plaintiff or defendant can make an application to honourable Court to grant him injunction against other. The onus is on applicant to prove what damage or injury occur to him if such injunction is not granted. Injunction is a restraining order against either party to stop causing damage to other party.
Procedure for issuance of injunctions: An application for temporary injunction should be filed with plaint supported by an affidavit. (b) to file, on the day on which such injunction is granted or on the day immediately following, that day, an affidavit stating that the copies aforesaid have been so delivered or sent.
The plaintiff above named submits this application, praying to state as follows : That the plaintiff has filed the present suit for partition. That it is the case of this plaintiff that the suit property being ancestral, it is held by the defendant No. ... That the plaintiff submits that he demanded partition on____, but.
State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct. Complaint and Request for Injunction - U.S. Courts US Courts (.gov) ? sites ? default ? files US Courts (.gov) ? sites ? default ? files PDF