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Application for temporary injunction under Order XXXIX CPC

Guide · Last verified against the bare Acts on 2026-11-09

An application for temporary injunction asks the court to restrain the other side from an act until the suit is decided. It is filed under Order XXXIX Rules 1 and 2 CPC with Section 151, and the court considers a prima facie case, the balance of convenience and irreparable injury (Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719).

Key points

The law: old and new provisions

SubjectLaw nowBefore 1 July 2024
Temporary injunctionOrder XXXIX Rules 1 & 2 CPC—

Which court or authority

The court where the suit is filed.

What the document should contain

Documents to attach

Procedure

  1. File with the plaint and an affidavit
  2. Seek ad interim relief on the first date
  3. Reply, hearing and order

Common mistakes

Frequently asked questions

What are the three conditions for a temporary injunction?

A prima facie case, the balance of convenience in the applicant’s favour, and irreparable injury if the injunction is refused.

Temporary Injunction Application formats in the library (50)

Related guides

This guide summarises the law for advocates and is not legal advice. Statutes and court rules change: check the current text before filing.