Step 1: Understanding Temporary Injunctions.
A temporary injunction is an order issued by the court to temporarily prohibit or compel certain actions during the pendency of a suit. It can only be granted after hearing both parties to ensure fairness and proper legal process.
Step 2: Explanation of Other Options.
- (a) Suo moto grants an injunction without a request or hearing, which is not common for temporary injunctions.
- (b) Ex parte injunctions are granted without hearing the other party, but they are usually temporary and need to be reviewed.
- (d) "None of the above" is incorrect as the court typically hears both parties before granting such an injunction.
Step 3: Conclusion.
The correct procedure is to hear both parties before granting a temporary injunction, making (c) the correct answer.
As per Section 11 of the Code of Civil Procedure, 1908 for \(\textit{Res Judicata}\) to be applicable on a subsequent suit, the former suit must satisfy the following conditions:
I. has been finally decided.
II. can only be instituted prior to the subsequent suit.
III. relates to the same matter directly and substantially in issue in the subsequent suit.
IV. is between the same parties, or between parties under whom they or any of them claim.
Select the correct answer.
As per the Code of Civil Procedure, 1908, a decree \(\textit{ex parte}\) can be set aside against a defendant if:
I. summons was not duly served.
II. defendant was prevented by sufficient cause from appearing when suit was called on.
III. there was irregularity in summons though defendant had notice of hearing date.
IV. without notice being served on the opposite party.
Select the correct answer.