Temporary Injunction Application under Order 39 Rules 1 and 2 CPC: Format, Grounds and Checklist

A temporary injunction application asks a civil court to hold the position steady while the suit is pending: stop a sale of the disputed property, prevent dispossession, or restrain a continuing breach. It is made under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), usually together with Section 151 CPC, and is supported by an affidavit.

The court decides it on three tests settled in Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719: a prima facie case, the balance of convenience, and irreparable injury. All three must be shown; a strong case on title alone is not enough.

This guide covers when each rule applies, a working application format, ex parte relief under Rule 3, the documents to file, and what happens after the order.

Order 39 Rule 1 vs Rule 2: which one applies

Most property suits rely on Rule 1. Suits on contracts, trade marks, easements and nuisance usually rely on Rule 2. Cite the specific clause that matches your facts rather than the whole order.

Also check whether the Specific Relief Act, 1963 bars the final injunction you are suing for. Section 41 lists cases where an injunction cannot be granted, and a temporary injunction is unlikely where the final relief is barred.

The three tests courts apply

1. Prima facie case: a serious question to be tried on the plaintiff's own documents, not proof of the whole case. Point to title deeds, revenue entries, the contract, or possession records.
2. Balance of convenience: compare the harm to the plaintiff if the injunction is refused with the harm to the defendant if it is granted. Explain why preserving the present position is the lesser hardship.
3. Irreparable injury: harm that money cannot adequately repair, such as loss of a unique property, dispossession from a home, or damage to goodwill. Identify the specific harm and explain, using the facts, why damages would be inadequate.

The court also weighs conduct. Delay, acquiescence and suppression of material facts are common reasons for refusal, because an injunction is discretionary relief.

Temporary injunction application format

Use this as a structure and adapt it to your court's practice directions, cause title format and language.

```text IN THE COURT OF THE [CIVIL JUDGE / DISTRICT JUDGE], [PLACE]

Civil Suit No. ____ of 20__

[Name], son/daughter/wife of ____, aged __, resident of ____ ... Plaintiff Versus [Name], son/daughter/wife of ____, aged __, resident of ____ ... Defendant

APPLICATION UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR GRANT OF TEMPORARY INJUNCTION

The Plaintiff/Applicant most respectfully submits as under:

1. The Plaintiff has filed the accompanying suit for [declaration /

permanent injunction / specific performance] in respect of [describe the property with survey number, boundaries and area]. The contents of the plaint are not repeated for brevity and may be read as part of this application.

2. [Facts showing title or right and present possession, with dates

and document references.]

3. [The threatened act: what the Defendant is doing or intends to do,

when the Plaintiff learnt of it, and the evidence of the threat.]

4. PRIMA FACIE CASE: [Documents showing a serious question to be tried.]
5. BALANCE OF CONVENIENCE: [Why preserving the present position causes

less hardship than permitting the threatened act.]

6. IRREPARABLE INJURY: [Why damages will not compensate the Plaintiff.]
7. The Plaintiff has not filed any other application or proceeding for

the same relief, except: [details or "none"].

8. The application is made bona fide and in the interest of justice.

PRAYER

It is therefore prayed that this Hon'ble Court may be pleased to: (a) restrain the Defendant, his agents, servants and anyone claiming through him, by a temporary injunction, from [specific act] in respect of the suit property until the disposal of the suit; (b) grant an ex parte ad interim injunction in terms of prayer (a) till the next date of hearing [only if Rule 3 grounds are shown]; (c) pass any other order this Hon'ble Court deems fit.

[Place] Plaintiff/Applicant [Date] Through Counsel

VERIFICATION [Verification as per the court's format.] ```

File it with a supporting affidavit of the applicant verifying the facts. Keep the prayer specific: name the act to be restrained and the property it concerns. A vague prayer to "restrain the defendant from interfering" is hard to enforce and easy to dispute.

Ex parte injunction under Order 39 Rule 3

The default rule is notice to the other side before the injunction is decided. Under Rule 3, the court may grant an injunction without notice only where the object of the injunction would be defeated by the delay, and it must record its reasons.

In Morgan Stanley Mutual Fund v. Kartick Das, (1994) 4 SCC 225, the Supreme Court said ex parte injunctions should be granted only in exceptional circumstances. The factors include whether irreparable or serious mischief would follow, whether the plaintiff delayed or acquiesced, and whether the plaintiff has shown utmost good faith. Even when granted, an ex parte order should be for a limited period.

If an ex parte injunction is granted, the proviso to Rule 3 requires the applicant to:

1. deliver or send by registered post to the opposite party, immediately after the order, a copy of the application, the supporting affidavit, the plaint and the documents relied on; and
2. file an affidavit stating that the copies have been delivered or sent, on the day the injunction is granted or the following day.

Missing this step is a common reason for vacating ex parte orders. Under Rule 3A, the court is to try to finally decide the application within thirty days of an ex parte injunction, and to record reasons if it cannot.

Documents checklist

1. Plaint, with the court fee as required by the applicable state Court Fees Act
2. Application under Order 39 Rules 1 and 2 read with Section 151 CPC
3. Supporting affidavit of the applicant
4. Title documents: sale deed, gift deed, will, partition deed or lease
5. Possession records: revenue entries, mutation, property tax receipts, utility bills, photographs
6. Evidence of the threat: notices, sale advertisements, correspondence, police complaints
7. Vakalatnama
8. For an ex parte prayer, an urgency note and the Rule 3 compliance affidavit after the order
9. Translations of documents in a language other than the court language, where required

If the defendant is likely to rush to court first, the defendant side often files a caveat under Section 148A CPC. See the caveat application guide for how that affects ex parte relief.

Commercial suits and pre-institution mediation

For a commercial dispute under the Commercial Courts Act, 2015, Section 12A requires pre-institution mediation unless the suit contemplates urgent interim relief. The Supreme Court held this requirement mandatory in Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd., (2022) 10 SCC 1.

Courts examine whether the urgency claimed is genuine, so a bare prayer for interim relief may not be enough to skip mediation. State the facts that make the relief urgent in the plaint and application.

After the order: disobedience, variation and appeal

• Disobedience (Rule 2A): the court may attach the property of the person in breach and order detention in civil prison for up to three months. An attachment lasts no more than one year; if the breach is still continuing at the end of that year, the attached property may be sold.
• Variation (Rule 4): either side may apply to discharge, vary or set aside the injunction, for example on changed circumstances or suppression of facts.
• Appeal: orders under Order 39 Rules 1, 2, 2A, 4 and 10 are appealable under Order 43 Rule 1(r). Under the Limitation Act, 1963, Article 116 gives 90 days for an appeal to a High Court from a subordinate court and 30 days for an appeal to any other court, while Article 117 gives 30 days for an appeal from a High Court order to the same High Court, such as from its original side. In a commercial suit, Section 13 of the Commercial Courts Act, 2015 sets a different period of 60 days for every appeal, including an appeal to the Commercial Appellate Division of a High Court. See the Order 43 CPC guide for the full list of appealable orders.

Mistakes that get injunction applications refused

1. Arguing only title and leaving out balance of convenience and irreparable injury
2. Filing months after learning of the threat without explaining the delay
3. Omitting an earlier suit, order or settlement on the same property
4. A prayer that does not name the act or the property to be restrained
5. Seeking ex parte relief without facts showing why notice would defeat the purpose
6. Skipping Rule 3 service and the compliance affidavit after an ex parte order
7. Asking for an interim order that grants the final relief itself, such as handing over possession

अस्थायी निषेधाज्ञा आवेदन: आदेश 39 नियम 1 और 2 सीपीसी (Order 39 CPC in Hindi)

अस्थायी निषेधाज्ञा (टेम्पररी इंजंक्शन) का आवेदन लंबित दीवानी वाद में दायर किया जाता है, ताकि वाद के निर्णय तक विवादित संपत्ति या स्थिति सुरक्षित रहे। न्यायालय तीन बातें देखता है:

• प्रथम दृष्टया मामला (prima facie case),
• सुविधा का संतुलन (balance of convenience), और
• अपूरणीय क्षति (irreparable injury)।

आवेदन के साथ शपथ पत्र, स्वामित्व और कब्जे के दस्तावेज, खतरे के प्रमाण और वकालतनामा लगाएँ। एकपक्षीय (ex parte) आदेश मिलने पर नियम 3 के अनुसार दूसरे पक्ष को तुरंत प्रतियाँ भेजना आवश्यक है।

Draft it from your case file

Juniorlawyer can turn the plaint, title documents and notices into a first draft of the facts, the three-test grounds and a specific prayer in this structure, which you then check and complete. Check every citation, date and property description against the original records before filing. Explore Juniorlawyer's drafting playbooks.