THE FIRST SCHEDULE · ORDER XXXIX TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS · Temporary injunctions

Order XXXIX Rule 1: Cases in which temporary injunction may be granted

The Code of Civil Procedure, 1908

Where in any suit it is proved by affidavit or otherwise—

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to ¹[defrauding] his creditors,

²[(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,]

the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property ²[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.

Footnotes in the official text

1.Subs. by Act 104 of 1976, s. 86, for “defraud” (w.e.f. 1-2-1977).
2.Ins. by s. 86, ibid. (w.e.f. 1-2-1977).

Questions on this rule

5 questions in 12 of our papers cite Order XXXIX Rule 1. Try these from the free papers:

1. Which of the following is NOT a ground specifically mentioned under Order 39 Rule 1 CPC for granting a temporary injunction?
2. In Dalpat Kumar v. Prahlad Singh, AIR 1993 SC 276, the Supreme Court explained the conditions for a temporary injunction under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908. It held that a "prima facie case":
3. A temporary injunction under Order 39 CPC operates during which period?

Practise questions on Civil Procedure Code