Cross Examination In Case of Injunction Suits - CPC
Cross-Examination in Injunction Cases
1. Understanding Injunctions
An injunction is a judicial order restraining a party from doing something (prohibitory injunction) or compelling a party to do something (mandatory injunction).
Injunctions are interim or temporary relief granted pending the final adjudication.
The purpose is to preserve status quo, prevent irreparable harm, and protect rights until the main suit is decided.
2. Role of Cross-Examination in Injunction Proceedings
Injunction applications often involve ex parte affidavits, pleadings, and evidence.
If the injunction application is contested, the opposing party can challenge the evidence by cross-examining the deponent(s).
Cross-examination tests the veracity, credibility, and reliability of the facts deposed in affidavits or witness statements.
It helps the court assess the balance of convenience, irreparable injury, and prima facie case.
3. Scope of Cross-Examination
Cross-examination in injunction cases is usually limited to issues relevant to the injunction.
Focuses on verifying facts supporting or opposing the grant of the injunction:
Existence of prima facie case,
Whether irreparable harm would occur,
Balance of convenience favoring the applicant,
Clean hands and bona fide conduct of parties.
The court may allow cross-examination on affidavits filed in support of or against the injunction.
It is a tool for testing truthfulness and to expose contradictions or exaggerations.
4. Judicial Position and Case Law
a. Cross-Examination Is Not Always Compulsory
In some cases, courts may grant interim injunctions ex parte, without cross-examination, based on prima facie satisfaction.
However, once the injunction is challenged, cross-examination becomes important to test claims.
b. Case Law
State of Maharashtra v. Bharat Shantilal Gajjar, AIR 1965 SC 722
The Supreme Court emphasized that injunction is an equitable relief and the court must consider the evidence on record including cross-examination before granting relief.
Dhirajlal B. Thakker v. Union of India, AIR 1963 SC 1606
It was held that if material facts are disputed, cross-examination is necessary to ascertain the truth before granting an injunction.
Hafeez Shaikh v. State of Maharashtra, AIR 2008 Bom 268
The Bombay High Court held that cross-examination is essential to verify the truthfulness of statements made in affidavits during injunction proceedings.
D.P. Chadha v. Navjivan Commercial Co. Ltd., AIR 1967 SC 1287
Court held that the decision to grant or refuse injunction depends on weighing evidence, which often requires cross-examination.
5. Practical Aspects
Parties should be ready for cross-examination on affidavits and documents supporting the injunction.
Cross-examination helps the court decide whether the applicant’s claim holds water or if there is possible abuse of process.
Proper and focused cross-examination can help defeat frivolous or baseless injunction applications.
6. Summary Table
| Aspect | Explanation |
|---|---|
| Purpose of cross-examination | To test truthfulness and credibility of evidence in injunction proceedings |
| When conducted | Usually after injunction application is contested |
| Scope | Limited to issues relevant to injunction (prima facie case, irreparable harm, balance of convenience) |
| Importance | Crucial to prevent wrongful grant of injunction and to ascertain facts |
| Exceptions | Injunctions can be granted ex parte initially without cross-examination |
| Relevant cases | State of Maharashtra v. Bharat Shantilal Gajjar, Dhirajlal Thakker, Hafeez Shaikh |
Conclusion:
Cross-examination plays a vital role in contested injunction proceedings to scrutinize the evidence presented by parties. It ensures that courts grant injunctions based on credible and reliable facts, preserving fairness and equity. While not always mandatory in initial applications, cross-examination becomes necessary when the injunction is challenged.
RELATED Blog
0 comments