Beruflich Dokumente
Kultur Dokumente
This section in its ambit comprises of issuing of notice before an order is made,
in its ordinary sense, but it is found to be non-obligatory on the part of the court
to issue a notice. It is binding as the security of a property is of primary concern.
Any authorised official cannot be simply be granted a permission into any land
which is of no consequence to the subject matter of the suit. 1
It is an essential requirement for any land to be inspected or preserved to be a
subject matter of the suit. The property needs to fulfil the pre requisites which
states that it should be a bona fide matter of the suit. The power is to be
exercised by the court when required for proper adjudication and appreciation of
the matter.2
Inspection of a house can be carried out to determine damage to the property or
to produce an inventory of fixture, structures and movables. This can be taken up
to ascertain the property of the subject matter. Use of extra judicial rights can be
appointed in ascertaining the land in case of hiding of evidence and a
commissioner can be appointed in identifying it. 3
The confusion arising of application of rule 7 instead of rule 9 is ascertained by
the court in cases mentioned above and when such an allegation arises
regarding violation of order of injunction then inspection can be carried forward
just on the ground that it is ex parte and no notice being sent makes it non reject
able.4
Rule 7 makes the court competent to issue an order for detention, preservation
and inspection for not just the property of the subject matter but any movable
property on which questions may arise relating to subject matter which should
be kept in the house of the suit. It can also be presumed that those movables
(and immovable) are in the possession of the person(s) who is in possession of
the house.5
The provisions of rule 7 are very wide as they can also include vesting authority
to a party to suit to obtain and examine account records, if they are considered
evidence for the case, and rely upon them in court. In case of falsification,
misappropriation, fraud, collusion, etc., enquiry into the account books can be
granted when the above allegations exist. But no search can be conducted by
the court on documents in possession by one party neither their detainment on
the grounds that a question may arise about them in the suit.
Rule 2
This rule applies to injunctions relating to breach of contract and injury (includes
special kinds of).
Injuries include any form of legal injury or wrongful acts other than those
emulating from breach of contract.
The discretionary nature of the interlocutory injunction makes it necessary to
establish that the injunction is sine qua non: 8
1. A Prima facie case,
2. The balance of convenience is in favour, and
3. Irreparable injury shall follow