ORDER XXXIX – TEMPORARY INJUNCTIONS 

(Under the Code of Civil Procedure, 1908)

Meaning and Nature of Temporary Injunction

A temporary injunction is an interim order issued by a court restraining a party from performing a particular act until the disposal of the suit or until further orders of the court.

The purpose of a temporary injunction is to preserve the status quo and prevent irreparable injury to the parties during the pendency of litigation.

Temporary injunctions are governed by Order XXXIX Rules 1–5 of the CPC.

They are discretionary remedies granted by courts based on equitable principles.

Rule 1 – Cases in Which Temporary Injunction May Be Granted

Under Order XXXIX Rule 1, the court may grant a temporary injunction when it is proved by affidavit or otherwise that:

(a) Property in dispute is in danger

If property in dispute in a suit is in danger of:

• being wasted

• being damaged

• being alienated

• being wrongfully sold in execution of a decree

In such circumstances, the court may restrain the party from committing such acts.

(b) Defendant intends to defraud creditors

If the defendant threatens or intends to remove or dispose of property with the intention of defrauding creditors, the court may grant injunction.

The objective is to prevent fraudulent transfer of assets to defeat lawful claims.

(c) Threat of dispossession or injury

Where the defendant threatens:

• to dispossess the plaintiff, or

• to cause injury to the plaintiff in relation to property in dispute

The court may restrain such acts.

This provision protects possession and proprietary interests of the plaintiff during litigation.

Judicial Principle for Grant of Temporary Injunction

Courts generally follow three essential tests before granting temporary injunction.

These principles were laid down in:

Dalpat Kumar v. Prahlad Singh

Facts

The dispute concerned property rights and the plaintiff sought temporary injunction restraining the defendant from interfering with possession.

Ratio

The Supreme Court held that courts must consider three conditions:

1. Prima facie case

2. Balance of convenience

3. Irreparable injury

Only when these three conditions exist should temporary injunction be granted.

Rule 2 – Injunction to Restrain Breach of Contract or Injury

Order XXXIX Rule 2 deals with injunctions to prevent breach of contract or other injury.

The plaintiff may apply for injunction:

• after the commencement of the suit

• before or after judgment

The court may restrain the defendant from:

• committing breach of contract

• causing injury related to the same property or right.

The court may impose conditions such as:

• maintaining accounts

• furnishing security

• time limits for injunction

Case Law

Gujarat Bottling Co. Ltd. v. Coca Cola Co.

Facts

The dispute arose from a franchise agreement between Coca Cola and Gujarat Bottling Company. The plaintiff sought an injunction to restrain the defendant from violating the terms of the agreement.

Ratio

The Supreme Court held that temporary injunction may be granted to prevent breach of contractual obligations, particularly where refusal may lead to irreparable harm.

The court emphasised the importance of preserving contractual rights until final adjudication.

---

Rule 2A – Consequences of Disobedience or Breach of Injunction

Rule 2A provides the penalty for violation of injunction orders.

If a party disobeys an injunction granted under Rule 1 or Rule 2:

The court may:

1. Attach the property of the disobedient party

2. Detain the person in civil prison for a period up to three months

Attachment of Property

Attachment may remain in force for one year.

If the breach continues after one year:

• the attached property may be sold

• compensation may be given to the injured party.

Case Law

Tayabbhai M. Bagasarwalla v. Hind Rubber Industries

Facts

An injunction was granted restraining the defendant from interfering with property rights. The defendant continued activities violating the injunction.

Ratio

The Supreme Court held that disobedience of court injunction undermines judicial authority and courts have power to enforce compliance through attachment or civil imprisonment.

Rule 3 – Notice to Opposite Party Before Granting Injunction

Rule 3 lays down that notice must ordinarily be given to the opposite party before granting an injunction.

This rule ensures principles of natural justice (audi alteram partem).

However, the court may grant ex parte injunction if delay would defeat the purpose.

Conditions for Ex Parte Injunction

When injunction is granted without notice, the court must:

1. Record reasons for granting ex parte relief

2. Require the applicant to deliver to the opposite party:

• copy of application

• copy of affidavit

• copy of plaint

• relevant documents

3. File an affidavit confirming service of documents.

Case Law

Morgan Stanley Mutual Fund v. Kartick Das

Facts

The issue was whether an ex parte injunction could be granted without hearing the opposite party.

Ratio

The Supreme Court held that ex parte injunction should be granted only in exceptional circumstances, and courts must exercise caution before granting such orders.

Rule 3A – Disposal of Injunction Application Within 30 Days

If the injunction is granted without notice, the court should endeavour to dispose of the application within 30 days.

If the court fails to do so, it must record reasons for delay.

This provision was introduced to prevent abuse of ex parte injunctions.

Rule 4 – Discharge, Variation or Setting Aside of Injunction

An injunction order may be:

• discharged

• varied

• set aside

on application by any party dissatisfied with the order.

Grounds for Vacating Injunction

1. False or misleading statements by applicant

2. Change in circumstances

3. Undue hardship caused to defendant

If the court finds that the injunction was obtained by misrepresentation, it must normally vacate the injunction.

Case Law

Seema Arshad Zaheer v. Municipal Corporation of Greater Mumbai

Facts

A dispute arose regarding property construction and the grant of interim injunction.

Ratio

The Supreme Court held that injunction orders can be modified or set aside when circumstances change or when justice requires reconsideration.

Rule 5 – Injunction Against Corporation

Where an injunction is directed against a corporation, it is binding on:

• the corporation itself

• its directors

• its officers

• its agents

This rule ensures that corporations cannot evade court orders through their officials.

Principles Governing Temporary Injunctions

Courts consider the following principles before granting injunction:

1. Prima Facie Case

The plaintiff must show that there is a serious question to be tried.

2. Balance of Convenience

The court compares inconvenience to both parties and grants injunction where greater hardship would occur without the injunction.

3. Irreparable Injury

The injury must be such that monetary compensation cannot adequately remedy it.

These principles were affirmed in:

Dalpat Kumar v. Prahlad Singh

Conclusion

Order XXXIX of the Code of Civil Procedure, 1908 provides a comprehensive framework for granting temporary injunctions and interlocutory reliefs during the pendency of civil suits. The provisions aim to:

• prevent misuse or destruction of disputed property

• protect contractual and proprietary rights

• maintain the status quo until final adjudication

• ensure compliance with court orders

By incorporating safeguards such as notice requirements, time limits, and penalties for disobedience, the law balances the interests of both parties while upholding the authority of the judiciary.