Dalpat Kumar v. Prahlad Singh, AIR 1993 SC 276

This case sets the three-part test for a temporary injunction: (1) prima facie case, (2) irreparable injury, and (3) balance of convenience. The Supreme Court refused injunction because the sale deed had already been executed through court, repeated challenges had failed, and damages were adequate. Mere claims of fraud, without strong proof, do not justify an injunction.

• Core idea: Injunction is exceptional and discretionary.
• Money remedy: If damages can make you whole, no injunction.

1. Was the respondent entitled to a temporary injunction to stop dispossession?
2. Did the plea of fraud justify an interim injunction?

• Three essentials: Prima facie case, irreparable injury, balance of convenience.
• Fraud claims: Need strong prima facie support, not bare allegations.
• Adequate remedy: If damages suffice, injunction should not be granted.

• HC order set aside. Trial court’s refusal of injunction restored.
• No strong prima facie proof of fraud. Bare allegations insufficient.
• Damages adequate. With a court-executed sale deed, money can compensate; injunction not needed.
• Balance of convenience favoured decree-holder (buyer).

Injunctions are exceptional. Grant only when a real triable issue exists, damages are inadequate, and the balance clearly favours the applicant—especially where a decree and court-executed sale deed already exist.

• Stops misuse of injunctions to stall decrees.
• Clarifies difference between prima facie case and title.
• Reinforces that money damages often suffice in property disputes post-decree.

• 1 Prove all three: prima facie, irreparable injury, balance.
• 2 Alleging fraud is not enough; show strong material.
• 3 Court-executed sale deed tilts balance against injunction.
• 4 If money can fix it, no injunction.

Mnemonic: “P-I-B: Prove, Injury, Balance.”

• Prove a real issue (prima facie case).
• Injury is irreparable (money won’t do).
• Balance of convenience supports you.

3-Step Hook:

1. Is there a serious triable question?
2. Can damages adequately compensate?
3. Who suffers more harm if relief is granted/refused?

Temporary Injunction

Short-term court order to maintain status quo till trial.

Prima Facie Case

A serious, arguable claim needing a full trial—not proof of title.

Irreparable Injury

Harm that money cannot adequately repair.

Balance of Convenience

Who would suffer more if the order is given or refused.