Order 39 (Temporary Injunction) Of The Code of Civil Procedure : : Mostly Used Order of The CPC 1908:

Order 39 of the CPC 1908 is one of the most widely used and practiced order in the world. It is also called a temporary injunction. Most of the Lawyers know about temporary injunction or permanent injunction. Permanent injunction guided by the Specific Relief Act. The Temporary Injunction rules by Order 39 of The Civil Procedure Code 1908. This Post is only a Case Law Related Post. So, I am not giving you details about it. I will make an article about Order 39, temporary injunction, and permanent injunction later.

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Quick Review of Order 39 of The Civil Procedure Code 1908:

1. Temporary Injunction may be granted when a Suitland is in danger of being wasted, damaged, or alienated by any party.
2. Temporary Injunction to restrain, repetition, or continuance of breach.
3. Before granting injunction Court to direct notice to the opposite party. 3(A). Any notice return without service the Court shall cause the notice to serve again within 7 days.
4. Order of Injunction may be discharged, varied, or set aside.
5. The injunction to corporation binding on its officers. 5(A). No order of ad-interim or temporary injunction without hearing the opposite party.
6. The Court has the power to order interim sales.
7. The Court May order of detention, preservation, inspection, etc, of the subject-matter of the suit.
8. Any application under rules 6 and 7 may be made after notice to the defendant at any time after the institution of the suit.
9. The court may order when a party may be put in immediate possession of the land the subject-matter of the suit.
10. Regarding rule 9 the Court may order deposit of money, etc, in court.

Case Law Related With Order 39 of The Civil Procedure Code 1908:

There is a lots of Case Law regarding Order 39 of the CPC. I am giving you most of the important case law in this article. The case Law list will be updated from time to time. So, Stay With this blog and subscribe via email for the latest updated case law.

1. During the existing petition of show cause on the basis of an application under rule-1 of the C.P.C and any further application U/S-151 is not maintainable. | 5 XP 288
2. The trial court has a duty to an earlier disposal of an application of temporary injunction without spoiling time. Otherwise, the superior court is compelled to pass an order of Status-quo till the period of hearing within 60 days. | 5 XP 188 RP-189
3. Rule-4: Order of injunction passed in the absence of the party has no opportunity of being heard — such order can be vacated. | 29 DLR 211
4. Rule-1/2: The principle of law is that when the plaintiff or defendant can show that he has a good prima facia and arguable case and blanc of convenience and inconvenience is in the favor of the plaintiff or defendant and in that situation court can grant any temporary injunction. | 19 MLR(AD) 273, 5 MLR 234
5. Rule-1/2: Sut For Declaration of Title: When any temporary injunction under order 39 is passed by the trial court from the basis of prima facie title and arguable case, in that case, temporary injunction order can be continued till disposal of the suit. | 19 MLR(AD) 213
6. Rule-1/2: With Sec-151 of C.P.C.: The defendant No:-1 has exclusive possession over the suit land and prima facie shows that she has muted her name separately and paying regular rent to the government. Before disposal of the partition suit finally, it is sufficient to prove that the defendant No:-1 has prima facie and arguable case for granting a temporary injunction under order 39, her favor. | 68 DLR 179
7. Rule-1/2: Partition Suit: In a partition suit where both of the parties are co-sharers of the suit property The HCD directed the parties to maintain status-quo till the disposal of the suit. The Appellate Division declined to interfere with the said order of status quo as the same would meet the ends of justice. | 14 MLR(AD) 111, 37 DLR 302
8. Status quo on the third party not applicable: The Status quo order dis did not have any binding effect to 3rd party who was not made a party of the said suit. | 1 XP(AD) 94
9. Violation: Injunction violation case is quasi-criminal in nature it must be proved beyond the reasonable doubt. | 5 XP 1
10. Rule-1: A person who is aware of the order of the court through not a party to the proceeding is bound to obey the same. | 6 MLR(AD) 105, 53 DLR(AD) 70, 2 ALL ER 398
11. Rule-1/2: Construction of building on land in an urban area can be restrained when the document of the title is forge. | 9 MLR(AD) 314, 21 DLR 41, 9 BLC(AD) 272
12. Rule-1/2: Order of status quo being an injunction of temporary under order 39, nature is appealable — Revision does not lie against such order. | 11 MLR(AD) 48
13. Rule-1/2: Necessary Requirements in Granting Temporary Injunction: In order to get an order of temporary injunction the plaintiff must prove his prima facie title and possession in the suit land and also must show that the balance of convenience and inconvenience is in his favor. When it is found that the plaintiff is not in possession of the suit land, no injunction can be granted. | 14 MLR(HCD) 471
14. Rule1/2: Temporary Injunction and Mandatory Injunction: By a long line of decisions it is by now well-settled that mandatory injunction is available if dispossession takes place during the pendency of the order of ad-interim injunction or temporary injunction by restoring status quo ante. [This principle is also applicable in the case of violation of an order of status quo.] | 2 ALR 424, 45 DLR 762
15. Rule-1/2: Status quo: Dispute being pending between the parties and there being an application for restraining from making Pucca construction or changing the nature of the suit land, in facts and circumstances, considered if fit to pass an order directing the parties to maintain status quo. | 4 ALR 265, 41 DLR(AD) 25
16. Rule-1/2: When Injunction Not Grant: Temporary or ad-interim injunction cannot be granted when the plaintiff has no subsisting interest in the property in dispute. | 1 MLR(AD) 354
17. Rule-1/2: When Injunction Not Grant: When loss can be compensated in money, no temporary injunction can be granted under order 39. | 3 BCR(HCD) 372, 7 BCR(HCD) 180, 35 DLR 293, 29 DLR(SC) 168, 25 DLR 293, 1 BLD(AD) 230, 4 BLD(HCD) 36
18. Rule-1/2: Must satisfy the Court: In the order to get an order of injunction from any court under order 39, the application must satisfy the court that he has a prima facie case and further that there is an obligation in his favor which the defendant owes but threaten to commit breach of such obligation and that unless he gets as order of injunction, his legal right will be frustrated and that the injunction would be irreparable if no such order of injunction is granted …. … .. .. . | 12BLD(HCD) 78
19. Rule-1 with section -151 of C.P.C: ex parte injunction: The HCD can interfere under its revisional jurisdiction if the lower courts allow ex parte interim injunction to continue indefinitely without hearing on temporary injunction pressed by the aggrieved party. | 32 DLR 18
20. Rule-1: An ad-interim injunction passed expate against the other party — when the other party appears and prays either for vacating the ex parte injunction order or for hearing the substantive application — the court should give the highest priority to such application. | 32 DLR 18
21. Rule-1: Temporary Injunction that grants likely to Cause Mischief cannot be Granted: When it clear that grant of the temporary injunction which the plaintiff shout will really tell upon the internal management of the college itself, the plaintiff is not entitled to such a relief. | 26 DLR 10
22. Rule-1: Temporary injunction should not ordinarily be granted in cases where permanent injunction cannot be granted — In service matter, an employee cannot ask for a permanent injunction. | 29 DLR(SC) 168, 18 CWN 92, 38 CWN 771, AIR 1934(Cal) 694, 36 CWN 291
23. Balance of convenience and inconvenience: Where the question of smooth working of public administration or national economy is involved, the rule of the balance of convenience is to refuse prayer for a temporary injunction. | 29 DLR(SC) 168
24. Rule-1: Principle Granting Injunction Under Order 39 : (i) The plaintiff has to establish prima facie case, (ii) The plaintiff will suffer irreparable loss if not granted, (iii) The balance of convenience and inconvenience is lie in favor of plaintiff. | 35 DLR 25, 22 DLR 655, 22 DLR(SC) 98, 21 PLD(Karachi) 228, 33 DLR 212, 33 DLR(AD) 298, 16 CLJ 47, 18 CWN 176, 37 DLR 102, 3 BLD(HCD) 136, 1 BLD(AD) 103, 12 BLD(HCD) 78, 49 DLR 260
25. Rule-1: Inherent power of granting the temporary injunction. | 35 DLR(AD) 43
26. Rule-1: Declaration of Title: No consequential relief prayed for . — No Injunction. | 16 DLR 272 —–||||—–“Contradictory: Can be granted without consequential relief. | 38 DLR 253, 1 BLD(AD) 57”
27. Rule-1: Granting injunction is a discretionary one. | 25 DLR 301
28. Rule-1: Temporary injunction cannot be granted for an indefinite period of time. | 25 DLR 274
29. Rule-1: Vague injunction order incapable of being carried out. | 23 DLR 386
30. Rule-1: Order or ad-interim injunction will continue until further order. | 31 DLR 386
31. Rule-1: Circumstances: Granting of the interlocutory injunction — circumstances when such injunction can or cannot be granted. | 33 DLR(AD) 298, 33 DLR 212
32. Rule-1: Election Tribunal: Not competent to grant injunction U/O- 39 of the C.P.C. | 31 DLR 119, 41 DLR 44, 38 DLR 262
33. Rule-1: Election Tribunal: Principle to be followed in granting an injunction in election matters. | 8 BLD(HCD) 377
34. Rule-2: For granting injunction court need not enter into the merits of the case … .. .. .. . | 28 DLR 415, 39 DLR 310, 5 BLD(HCD) 57, 6 BLD(HCD) 3
35. Rule-3: Ad-interim injunction order without notice to the opposite party, is without jurisdiction. Subsequent order making that order absolute after notice cannot cure the defect. | 16 DLR 43—–|||—- Contradictory: If the object of granting the injunction would be defeated by reason of delay for serving notice then the injunction can be granted without notice. | 7 DLR 611
36. When a plaintiff out of possession claims possession, will not grant an injunction against the defendant in possession unless irreparable damage. | 23 CWN 672, 29 CLJ 584
37. An order under Order 39 of the CPC of injunction is appealable. | AIR 1951(Cal) 446, AIR 1951(All) 558, 58 DLR(AD) 43, 8 BLC 391, 1 BLD(HCD) 93, PLD 1960(Dacca) 153, 29 DLR(SC) 82, AIR 1939(All) 280
38. The status quo order nature of the interim injunction is appealable. | 58 DLR(AD) 43
39. No injunction in a partition suit is a case of land in urban areas when construction going on by co-sharer. | 8 BLC(AD) 156, 6 BLD(HCD) 326
40. Long possession Even against a rightful owner, — injunction will lie– rightful cannot evict him by force but will have to establish his right by due process. | 36 DLR 242
41. Sec.-151 of C.P.C. on Temporary Injunction: Direction to Police not Violating Injunction: The trial court passed an order of temporary injunction restraining the opposite party but the opposite party-starting construction work causing interference with the petitioner’s possession. The court inherent power U/S-151 for implementation of the order of injunction to pass an order directed to the police to render aid for not violating the injunction order. | 1 XP(FR) 3
42. Order 39 Rule- 1and 3 with Order-41 Rule -5: At the time of admission of appeal appellant court has got the jurisdiction to pass an order staying the operation of ad-interim injunction passed by the trial court. | 46 DLR 336
43. Rule 1 and 2: Appellant fully aware that the matter was sub-judice and status quo order was operating against them, the appellant had not cared what happens next, not be obey the order of status quo and shown hurry in completion of the construction of the building without waiting for the decision of the court, no vested right has accrued in their favor to claim the protection law. | 3 XP(FR) 1

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Conclusion:

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