Table of Contents
Frequently Asked Question
What is a temporary injunction?
A temporary injunction is a court order that restrains a party from taking certain actions that may cause harm or prejudice to another party while a lawsuit is pending. It is granted to maintain the status quo until the final resolution of the case.
Under which provision of law can a temporary injunction be sought?
A temporary injunction can be sought under Order XXXIX, Rules 1 & 2 of the Code of Civil Procedure, 1908 (CPC), read with Section 151 CPC (inherent powers of the court).
What are the essential conditions for granting a temporary injunction?
The court considers the following factors before granting a temporary injunction:
Prima facie case: The applicant must show that they have a strong legal case.
Irreparable harm: The applicant must prove that they will suffer harm that cannot be compensated by damages if the injunction is not granted.
Balance of convenience: The court assesses whether granting the injunction will cause less inconvenience to the applicant than denying it.
What is the difference between a temporary injunction and a permanent injunction?
A temporary injunction is granted for a limited period, usually during the pendency of a case, whereas a permanent injunction is granted as a final relief after the case is decided on merits.
In what types of cases can a temporary injunction be granted?
Temporary injunctions are commonly granted in cases involving:
Property disputes (preventing illegal dispossession or encroachment)
Contractual disputes (preventing breach of contract)
Intellectual property rights (stopping copyright/trademark infringement)
Defamation (preventing publication of defamatory material)
Business disputes (restricting unfair competition or trade practices)
Can an ex-parte temporary injunction be granted?
Yes, under Order XXXIX, Rule 1 & 2 CPC, an ex-parte temporary injunction can be granted if there is an urgent situation where immediate relief is necessary, and waiting for the other party’s response may cause irreparable harm to the applicant.
What is the duration of a temporary injunction?
A temporary injunction remains in force until:
The court modifies or vacates it, or
The final decision of the case is delivered.
What is the procedure to apply for a temporary injunction?
The applicant must:
File an application under Order XXXIX, Rules 1 & 2 CPC along with the main suit.
Submit an affidavit supporting the application.
Provide relevant documents and evidence showing the need for the injunction.
Argue the case before the court.
Can a temporary injunction be challenged or vacated?
Yes, the opposing party can file an application under Order XXXIX, Rule 4 CPC to vacate or modify the temporary injunction by proving that it was obtained by suppression of facts, fraud, or that circumstances have changed.
What happens if a party violates a temporary injunction order?
If a party violates the injunction order, they may face contempt of court proceedings, penalties, or other legal consequences as deemed fit by the court.
Can a temporary injunction be granted in favor of a tenant against eviction?
Yes, a tenant can seek a temporary injunction to prevent unlawful eviction by the landlord if they can establish a prima facie case, irreparable injury, and balance of convenience in their favor.
Can a temporary injunction be granted in favor of a co-owner in a property dispute?
Yes, if a co-owner is being unlawfully dispossessed or their rights are being infringed upon, they can seek a temporary injunction to restrain the other co-owner from taking adverse actions.
Is it mandatory to pay a court fee for filing an injunction application?
Yes, a prescribed court fee must be paid as per the Court Fees Act and relevant state rules while filing an application for a temporary injunction.
Can a temporary injunction be converted into a permanent injunction?
Yes, if the court, after a full trial, finds merit in the plaintiff's case, it can make the temporary injunction permanent.
Sample Draft
IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________), DELHI
IA NO. ___________ OF 20…
IN
SUIT NO. ___________ OF 20…
IN THE MATTER OF:
Sh. Rajesh Kumar, S/o ____________
R/o ……
PLAINTIFF/APPLICANT
VERSUS
Dr. A. Sharma, S/o ______________,
R/o …..
Sh. Vikram Sethi, S/o ____________,
R/o …..
DEFENDANTS/RESPONDENTS
APPLICATION SEEKING TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULES 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908
MOST RESPECTFULLY SHOWETH:
The plaintiff has instituted a suit for permanent injunction, which is presently pending adjudication before this Hon’ble Court.
The contents of the accompanying suit for permanent injunction may kindly be considered as an integral part of this application, and are not being reiterated here in the interest of brevity.
The plaintiff has a strong prima facie case in his favor, and there is a high probability of success in the present matter.
If the defendants are not restrained by way of an ad-interim injunction from dispossessing the plaintiff from the property bearing No. _________, Uttam Nagar, New Delhi, or from interfering with his peaceful possession of the said premises, the plaintiff will suffer irreparable harm and hardship. Additionally, the suit may become infructuous, leading to unnecessary multiplicity of proceedings.
The balance of convenience is in favor of the plaintiff and against the defendants.
PRAYER:
In light of the foregoing, it is most respectfully prayed that this Hon’ble Court may be pleased to:
Grant an ex-parte ad-interim injunction restraining the defendants, their associates, agents, employees, and representatives from interfering with the plaintiff’s peaceful possession of the aforesaid premises or dispossessing him from the same.
Pass any other order(s) as may be deemed just and appropriate in the facts and circumstances of the present case.
Plaintiff/Applicant
Place: _______
Date: _______
Through Counsel
Advocate
[NOTE: This application must be accompanied by an affidavit.]