Civil Procedure Code Order 39 deals with the rules of interim injunction in civil cases in India. It is a provision under the Code of Civil Procedure, 1908 that allows a party to a civil suit to apply for an injunction to prevent the other party from committing an act that may cause irreparable damage or injury.
An interim injunction is a temporary measure that is granted by a court to protect the rights of a party to a suit until the final judgment is pronounced. It is typically granted when there is a genuine possibility of irreparable harm or injury to the applicant if the act in question is not prevented.
Under Order 39, there are two types of injunctions that may be granted by a court: temporary injunctions and mandatory injunctions. Temporary injunctions are granted to prevent the defendant from committing an act that may cause harm or injury to the plaintiff, while mandatory injunctions are granted to order the defendant to perform a specific act or to refrain from doing something.
To apply for an injunction under Order 39, the applicant must file a suit in a civil court and make an application for an interim injunction. The application must be supported by an affidavit stating the facts and circumstances of the case, along with any evidence that the applicant may have to support their claim.
The court will then hear the arguments of both parties and decide whether to grant the interim injunction. If the injunction is granted, the court will also set out the terms and conditions under which it will remain in effect.
It is important to note that an interim injunction is not a final judgment and does not determine the rights of the parties in the suit. It is simply a temporary measure to protect the rights of the applicant until the final judgment is pronounced.
In conclusion, Civil Procedure Code Order 39 provides a mechanism for parties to a civil suit in India to apply for an injunction to prevent the other party from committing an act that may cause irreparable harm or injury. It is a temporary measure that is granted by a court to protect the rights of a party until the final judgment is pronounced.
Order 39, Rule 2A CPC
Aldas Valezia Tereza Mergulhao v. Ashok Kumar Bajpai v. Provided that if in an application for temporary injunction or in any affidavit supporting such application, a party has knowingly made a false or misleading statement in relation to a material particular and the injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is not necessary so to do in the interest of justice : Provided further that where an Order for injunction has been passed after giving to a party an opportunity of being heard, the Order shall not be discharged, varied or set aside on the application of that party except where such discharge, variation or setting aside has been necessitated by a change in the circumstances, or unless the Court is satisfied that the Order has caused undue hardship to that party. BSNL; Frankfinn Aviation Services Pvt. In any case where a temporary injunction is granted, the Court may, at the time of the order, or at any time during the pendency of the injunction, call upon the applicant to furnish security for the amount of damages that the Court may determine as payable by the party obtaining the injunction to the other party as compensation for any injury or loss that may be sustained by the letter by reason of the injunction. COMMENTS Order 39 Rule 7 1 a is primarily meant to empower the Court to make an Order about the detention, preservation and inspection of the property in dispute in the suit but it further authorises the court to pass similar Orders about other property as to which any question might arise therein. The purpose is for the Appellate Court to examine the matter brought before it in this perspective.
California Code, Civil Code
Mahadeo Dhondu Budhe v. If the scale of inconvenience leans to the side of the Applicant, then only interlocutory injunction should be granted. Pretext of dispute of identity of the land should not be an excuse to claim injunction against the true owner Premji Ratnasey Shah v. Mere prima facie case does not entitle the Plaintiff entitled to temporary injunction. This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working.
Free Download Case Law On Temporary Injunction (2021)
ANNOTATIONS High Court Amendments Allahabad In Order XL, in Rule 1 , in Sub-rule 2 , after the words "any person", insert a comma and the words "not being a party to the suit. Tamil Nadu Olympic Association. If there is a common field of activity, possibility of deception is very high and if there is no common filed, of activity, possibility is less but it cannot be laid down as a rule of law that there can be no possibility at all. Vairaprakasam; Sri Suryanarayana Papers and Boards Pvt. Skipper Construction Company P Ltd. The proceeds from the sale can be used to compensate the defaults in the payment of the rent. It was held that sale certificate has legal validity unless set aside, possession of respondents cannot be said to be of trespasser, injunction restraining auction sale can be granted Anand Prasad Agarwalla v.