Article 90: (Art. 42 of the Act of 1908):
The period of limitation for a suit for compensation for injury caused by an injunction wrongfully obtained is three years and the time of limitation commences when the injunction ceases.
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ADVERTISEMENTS:
Section 95 of the CPC, 1908 provides for an application to recover compensation for injunction wrongfully obtained.
In Nand Coomar v. Gour Sankar, (13 WR 305), it has been held that a suit for compensation for injury caused by an injunction wrongfully obtained is maintainable.
In Ramnatham v. Mira, (AIR 1931 PC 28), it has been held that for injunction to be treated as wrongfully obtained it is necessary for the plaintiff to establish in the Court of law both malice and absence of reasonable and probable cause.
An injunction in a suit terminates on the dismissal of the suit and not on the confirmation of the order of dismissal on appeal.
ADVERTISEMENTS:
A suit for damages as a result of attachment of movable before judgment wrongfully obtained by filing a suit without any reasonable probable cause does not attract the Art. 90.
The cause of action in Art. 90 commences as soon as the injunction comes to an end, even though the suit in which the injunction has been granted still continues.