42.
| (1) In any action instituted in any District Court or Magistrate's Court-
| | (a) where it appears from the plaint that the plaintiff demands and is entitled to a judgment against the defendant restraining the commission or continuance of an act or nuisance the commission or continuance of , which would produce injury to the plaintiff; or | | |
| | (b) where it appears that the defendant during the pendency of the action is doing or committing, or procuring or suffering to be done or committed, or threatens or is about to do or procure or suffer to be done or committed, an act or nuisance in violation of the plaintiff's rights in respect of the subject-matter of the action and tending to render the judgment ineffectual; or | | |
| | (c) where it appears that the defendant during the pendency of the action threatens or is about to remove or dispose of his property with intent to defraud the plaintiff, | | |
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| (2) For the purpose of this section, any defendant who has in his answer set up any claim in reconvention, shall be deemed a plaintiff, and shall have the same right to an injunction as he would have in an action brought by him against the plaintiff for the cause of action stated in the claim in reconvention, and the plaintiff shall be deemed the defendant and the claim in reconvention the plaint. |
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| (3) Such injunction may be granted to accompany the summons, or at any time after the commencement of the action and before final judgment, and with or without notice in the discretion of the court. Where the defendant has answered, it shall be granted only upon notice or an order to show cause. Where an application for an injunction is made upon notice or an order to show cause, either before or after answer, the court may grant an injunction restraining the defendant until the hearing and decision of the application. |
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Sri Lanka Consolidated Acts