CPC Section Order XXXIX Rules 1- — Temporary injunction

What does this section state?

Order XXXIX, Rules 1 and 2 empower a civil court to grant a temporary (interim) injunction restraining a party from committing a breach of contract, causing injury, or continuing a wrongful act, or to preserve property that is in dispute, while the main suit is still pending. This is the primary tool used to obtain urgent interim relief in civil litigation, such as stopping construction on disputed land or preventing the sale of contested property until the case is resolved.

Courts generally require the applicant to establish three things before granting such an injunction: a prima facie case (a genuine, arguable claim), that the balance of convenience favours granting the injunction, and that the applicant would suffer irreparable harm if it is not granted. These principles have been developed extensively through case law over decades.

A temporary injunction typically remains in force only until the suit is finally decided, or until the court modifies or vacates it, and is distinct from a permanent injunction, which is granted only as part of the final judgment in the suit.

Frequently Asked Questions

What does this provision actually do?

See the explanation above. This is a civil, procedural, or constitutional provision rather than a criminal offence, so it doesn't carry a punishment — it defines a right, remedy, or procedure instead.

What does a plaintiff need to show to get a temporary injunction?

Courts generally require proof of a prima facie case, that the balance of convenience favours granting the injunction, and that the applicant would suffer irreparable harm without it — all three factors are typically weighed together.

Can an injunction be granted without hearing the other side first?

Yes, in urgent cases a court can grant an ex-parte (one-sided) ad-interim injunction, but it must generally give the other side an opportunity to be heard soon after, and can modify or vacate the order at that stage.

How long does a temporary injunction last?

A temporary injunction typically remains in effect until the suit is finally decided, or until the court modifies or vacates it earlier — it is not a permanent resolution, which only comes with the final judgment.