It is difficult to obtain an order of injunction in a civil suit because the party is bound to satisfy the court that there is a prima facie case, the balance of convenience tilts in his favour and also to satisfy the court that if injunction is refused the applicant shall suffer irreparable injury. So many hurdles are to be crossed before obtaining an order of injunction. An cider of injunction or prohibitory order takes away certain ri­ghts of the party injected. It is indeed difficult to obtain an injunction, but just throw a petition and assert that there is apprehension of breach of peace in respect of the possession of an immovable property, claim for drawing up a proceeding asserting right to possess the property, a proceeding is readily dr­awn up u/s. 145, Criminal Procedure Code. The proceeding is initiated no matter whether it is a private dispute between the parties or it is a dispute which necessitates drawal of the pro­ceeding for the maintenance of public order and tranquility.

2. The distinction between the concept of public order, law and order or public tranquilly is to be found in the picturesque description drawn by Hidayatullab, J; in Ram Manohar Lohia vs. State

Click Here to Read the rest of this document