Order XXXIX CPC: Temporary Injunctions - Rules 1, 2, 2A, 3, 3A, 4 and 5
Order XXXIX of the Code of Civil Procedure, 1908 governs temporary injunctions and interlocutory orders. Rules 1 to 5 deal with the circumstances in which a temporary injunction may be granted, restraint of breach, consequences of disobedience, notice to the opposite party, disposal of ex parte injunction applications, variation or discharge of injunctions and injunctions against corporations.
Rule 1 - Cases in which temporary injunction may be granted
Where in any suit it is proved by affidavit or otherwise:
- (a)that any property in dispute in the suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree; or
- (b)that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors; or
- (c)that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,
the Court may grant a temporary injunction to restrain such act, or make such other order as it thinks fit for staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property, dispossession of the plaintiff, or other injury to the plaintiff in relation to the property in dispute, until disposal of the suit or until further orders.
Rule 2 - Injunction to restrain repetition or continuance of breach
(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed or not, the plaintiff may, at any time after commencement of the suit and either before or after judgment, apply for a temporary injunction restraining the defendant from committing the breach or injury complained of, or any breach or injury of a like kind arising out of the same contract or relating to the same property or right.
(2) The Court may grant such injunction on such terms as to duration, keeping an account, giving security or otherwise as the Court thinks fit.
Rule 2A - Consequence of disobedience or breach of injunction
(1) In case of disobedience of an injunction granted or other order made under Rule 1 or Rule 2, or breach of any term on which the injunction was granted or order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order attachment of the property of the person guilty of the disobedience or breach and may also order detention of that person in civil prison for a term not exceeding three months, unless the Court directs earlier release.
(2) An attachment under this rule shall not remain in force for more than one year. If the disobedience or breach continues at the end of that period, the attached property may be sold, the Court may award compensation to the injured party from the proceeds, and the balance, if any, shall be paid to the person entitled to it.
Rule 3 - Before granting injunction, Court to direct notice to opposite party
The Court shall, in all cases except where it appears that the object of granting the injunction would be defeated by delay, direct notice of the application to be given to the opposite party before granting an injunction.
Where the Court proposes to grant an injunction without notice, it shall record reasons for its opinion that delay would defeat the object of the injunction and require the applicant:
- (a)immediately after the order, to deliver to the opposite party or send by registered post a copy of the injunction application together with the supporting affidavit, the plaint and copies of documents relied upon; and
- (b)to file, on the day the injunction is granted or on the immediately following day, an affidavit stating that the required copies have been delivered or sent.
Rule 3A - Court to dispose of application for injunction within thirty days
Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the injunction application within thirty days from the date on which the injunction was granted. If it is unable to do so, it shall record its reasons for such inability.
Rule 4 - Order for injunction may be discharged, varied or set aside
Any order for an injunction may be discharged, varied or set aside by the Court on an application made by a party dissatisfied with the order.
Where a party knowingly makes a false or misleading statement about a material particular in an application for temporary injunction or supporting affidavit, and the injunction was granted without notice to the opposite party, the Court shall vacate the injunction unless, for reasons recorded, it considers that doing so is not necessary in the interests of justice.
Where an injunction order has been passed after giving a party an opportunity of being heard, it shall not ordinarily be discharged, varied or set aside on that party's application unless a change in circumstances makes such action necessary or the Court is satisfied that the order has caused undue hardship to that party.
Rule 5 - Injunction to corporation binding on its officers
An injunction directed to a corporation is binding not only on the corporation itself but also on all members and officers of the corporation whose personal action the injunction seeks to restrain.
Official text and related provisions
For the authoritative central text, amendment footnotes and the remaining provisions of Order XXXIX, refer to the official India Code publication of the Code of Civil Procedure, 1908.