Temporary injunction

Guidelines and Structure

By Prof. Madhura Bhangle

Introduction

One of the most typical remedies granted to prevent mischief from being committed by a party to the
dispute is a temporary injunction. Injunctions are classified into two sorts, according to Section 37 of
the Specific Relief Act: temporary and perpetual injunctions.

Temporary injunctions are granted for a limited time and can be removed by a subsequent court order
or the ultimate judgment in the case. Order 39 of the CPC (procedural legislation) specifies the norms
and procedures to be followed when deciding whether to grant this relief.

Rules mentioned under Order 39

The Rules mentioned under Order 39 lay down procedures for the courts to follow in order to grant
this relief to a party to the suit and are discussed in brief:

Rule 1: Cases where the temporary injunction is granted

When there is a prima facie case in favour of a party and the following points can be easily drawn from
the application:

 The disputed property is under the risk of being damaged, alienated or sold.

 There is a threat or an intention on the part of the defendant to dispose of the property to
defraud his creditors.

 The plaintiff has been threatened of being dispossessed (of the disputed property) or of being
physically injured by the defendant.

The court may grant a temporary injunction to restrict or to prevent the party from threatening to
cause damage or causing damage. Temporary Injunction can be granted during any stage of the
proceeding i.e. even before the judgement in the suit is delivered.

Rule 2: Restraining a breach

This rule deals with restrainment of an act already in action. Where a defendant has breached a
contract or caused harm (any kind) to the plaintiff, irrespective of the fact that compensation is
claimed in the suit, the plaintiff can file an application for a temporary injunction. Such an application
can be filed before or after the delivery of the judgement. The duration has to be decided by the court.

Rule 2A: Punishment for breaching the injunction

By disobeying the order or breaching any of the terms (in relation to rule 1 and rule 2) of the injunction,
a person can land in civil jail for 3 months (maximum). The property of such a person can also be
ordered to be attached to the suit for a maximum period of 1 year and if the breach continues, then

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the court is entitled to sell the property and pay the aggrieved party compensation out of the sale
return.

Rule 3: Notice to the opposite party

The court is bound to send a notice to the opposite party regarding the filing of an application of
injunction against it. The court is not bound when the delay caused in sending such a notice would
defeat the purpose behind granting the injunction. Provided in such a case i.e. where no notice is sent,
the Court shall record reasons behind taking such an action. The applicant also needs to deliver the
copy of the application, affidavit, plaint and the documents after such order has been made. An
affidavit has to be filed stating that the copies have been delivered to the opposite party on the day
of the passing of the injunction order itself or a day after.

Rule 3A: Time period prescribed to dispose of the application

Where the notice hasn’t been delivered to the opposite party the court should try to dispose of the
application within 30 days and where it isn’t able to do so, it should record the reasons behind such
inability.

Rule 4 Setting aside & modification

If a party files an application expressing its dissatisfaction with the injunction order, the order can be
set aside, modified or discharged on a perusal of the application. Where a false or misleading claim
was made in the application that resulted in the grant of the injunction and it was granted without a
notice being sent to the other party, the injunction order is to vacate unless it would harm the interest
of justice. The reasons have to be recorded for not vacating the injunction order in such a scenario.
Where the other party has been given a chance to be heard, unless there are some changes in the
circumstances or unnecessary hardship has been caused to the other party, the injunction order shall
not be discharged, modified or set aside.

Rule 5: Injunction against a corporation

Where an injunction order has been imposed against a corporation, it is not only binding on the
corporation but also on all the members and officers of the corporation.

Further, Rules 6-10 discuss various provisions related to interlocutory orders.

A complete application for a temporary injunction must include the following essential
components:
A. Court Details:

Clearly specify the Court's jurisdiction and the presiding judge's name.

B. Case Information:

Include the civil suit number and the year in the prescribed format.

C. Parties' Details:

Accurately list the names of the parties involved, designating them as plaintiffs and defendants.

D. Legal Basis:

Explicitly state the provision under which the suit is filed.

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 E. Statement of Cause:

Clearly articulate the purpose or cause that has led to the initiation of the suit.

F. Property Description:

Provide a thorough description of the disputed property, including its ancestral history.

G. Chronology of Events:

Present a chronological sequence of events leading to the filing of the suit.

H. Prima Facie Case:

Articulate the facts establishing a prima facie case justifying the need for an injunction.

I. Balance of Convenience:

Explain why the balance of convenience favours the petitioner, considering the comparative
inconvenience to both parties.

J. Irreparable Injury:

Specify the irreparable injury that would result if the injunction is not granted.

K. Prayer for Relief:

Clearly state the desired course of action or relief sought in accordance with procedural codes.

L. Documentary Evidence:

Include a schedule containing all necessary documents supporting the facts presented in the
application.

M. Affidavit:

Submit a duly signed affidavit by the plaintiff, affirming the accuracy of the presented information.

Injunction: Generally, injunctions are granted in situation where a prop is in the question, breach of contract, or
infringement of any rights

RULES
1. Prove that the suit has a prima facia case.
2. Legal notice to the other party. {mention date and the time frame given to the other party in the plaint.}
3. Balance of convenance. {must write}
a. If not granted.
b. if granted.
whatever the case is no-one is at loss. For example, if
4. Irreversible lose.
5. if there is no permanent inj. there will be no temporary inj.

DRAFTING RULES
1. The name of the court and the plaintiff shall be same as the previous suit.
2. clearly mention the order no.
3. the purpose of the suit
4. disputed prop must be correctly mapped.
5. the chain of events to prove that there is prima facie case
6. Balance of convenance. (comparative mischief)
7. Irreversible lose.
8. Prayer
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 STRUCTURE:

IN THE COURT OF

THE CIVIL JUDGE (Name of the judge)

Civil Suit No. /20____

…Plaintiff

Vs.

…Defendants

An application for an interim injunction under Order XXXIX Rule 1 and 2 of the Civil Procedure Code

1. The Plaintiff has filed the suit for (mention the purpose for eg recovery of possession of the
disputed property) (That the plaintiff has filed a suit for permanent injunction which is
pending for disposal before this Hon’ble Court.)

2. That the disputed property (Proper description of the suit property with facts ascertaining
unquestionable legal authority of the plaintiff) has been unlawfully kept out of the
possession of the plaintiff (or any other reason as per the case) (That the contents of the
accompanying suit for permanent injunction may kindly be read as a part and parcel of this
application which are not repeated here for the sake of brevity.)

3. Start with the chain of events that has led to the filing of the present suit. (This should be
divided into subsequent sub paras to enable a clear understanding of the events).

4. Mention the fact that the chain of events establish a prima facie case and further
investigation or action is needed. That the plaintiff/applicant has got a prima-facie case in his
favour and there is likelihood of success in the present case.

5. A reason that clearly states the balance of favour in plaintiff’s side eg. The disputed property
is the only means of income that the plaintiff’s family earns income from and dispossession
would lead to unparallel hardships. That the balance of convenience lies in favour of the
plaintiff and against the defendants.

6. Irreparable damage will be caused which wouldn’t be compensated in monetary terms. (The
reason might include mental trauma and emotional hurt). That the plaintiff shall suffer
irreparable loss and injury and the suit shall become anfractuous and would lead to
multiplicity of the cases.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to :-

1. Pass ex-parte ad interim injunction restraining the defendants, their associates, servants,
agents and their representatives from interfering into the peaceful physical possession of
the plaintiff in the above said premises and from dispossessing the applicant/plaintiff from
the same.
2. Pass such other and further order(s) as may be deemed fit and proper on the facts and in the
circumstances of this case.

PLAINTIFF(Signature):

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PLACE:

DATE:

ADVOCATE FOR PLAINTIFF:

SCHEDULE

Attach a Schedule including all the documents containing the documents related to the property and
to substantiate other facts mentioned in the application.

AFFIDAVIT

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