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

Order XXXIX Rule 2: Injunction to restrain repetition or continuance of breach

The Code of Civil Procedure, 1908

(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.

(2) The Court may by order grant such injunction, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the Court thinks fit.

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Footnotes in the official text

  1. 1.Sub-rules (3) and (4) omitted by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977).

Questions on this rule

2 questions in 2 of our papers cite Order XXXIX Rule 2. Try these from the free papers:

  1. 1. Under Order 39 Rule 2 CPC, the court is empowered to grant an injunction to restrain which of the following?

Practise questions on Civil Procedure Code