4. Order for injunction may be discharged, varied or set aside.
Any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order:
Provided that if in an application for temporary injunction or in any affidavit support such application a part has knowingly made a false or misleading statement in relation to a material particular and the injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice:
Provided further that where an order for injunction has been passed after giving to a party an opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that party except where such discharge, variation or setting aside has been necessitated by a change in the circumstances, or unless the Court is satisfied that the order has caused under hardship to that party.
In Rule 4-
(i) after the words “by the Court”, inserted the words “for reasons to be recorded, either on its own motion or”; and
(ii) at the end, add the following proviso-
“Provided also that if at any stage of the suit it appears to the Court that the party in whose favour the order of injunction exists is delaying the proceedings or is otherwise abusing the process of Court, it shall set aside the order of injunction.”
[M.P. Act 29 of 1984].
Same as that of Madhya Pradesh except for the word “delaying” substitute “dilating” in the proviso.
[U.P. Act 57 of 1976]
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