Application for temporary injunction under Order XXXIX CPC
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
- Temporary injunction: Order XXXIX Rules 1 and 2 CPC; ex parte injunction with recorded reasons: Rule 3.
- Three tests: prima facie case, balance of convenience, irreparable injury.
- Perpetual injunction (final relief): Sections 37–42, Specific Relief Act, 1963; Section 41 lists when it cannot be granted.
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Temporary injunction | Order XXXIX Rules 1 & 2 CPC | — |
Which court or authority
The court where the suit is filed.
What the document should contain
- Reference to the suit
- Facts showing the threatened act
- The three tests applied to the facts
- Urgency (for ex parte relief)
- Prayer for injunction and ad interim relief
- Supporting affidavit
Documents to attach
- Title or possession documents
- Photographs or evidence of the threatened act
- Correspondence
Procedure
- File with the plaint and an affidavit
- Seek ad interim relief on the first date
- Reply, hearing and order
Common mistakes
- No real urgency shown for ex parte relief
- Not complying with Rule 3 requirements after ex parte relief
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.