Injunctions (Order XXXIX, Rules 1–4 CPC)
1. Meaning of Injunction
• Injunction = a court order that restrains (stops) a party from doing something, or in
some cases, directs them to do something, to protect rights until the case is decided.
• It is an equitable relief — granted when monetary compensation is not enough, and
immediate protection is needed.
Two main types under CPC:
1. Temporary (interim) injunctions → dealt with in Order XXXIX.
2. Permanent injunctions → granted at final judgment (governed by the Specific Relief
Act, 1963).
Here we focus only on temporary injunctions (Order XXXIX Rules 1–4).
2. Rule 1 – When Temporary Injunction may be granted
The court may grant a temporary injunction in the following situations:
1. Property in dispute is in danger:
o Property is being wasted, damaged, alienated (sold off), or wrongfully disposed
of by the defendant.
2. Threat of dispossession:
o The defendant threatens to remove the plaintiff from possession or cause injury
to the plaintiff’s property.
3. Threat of dispossession by government officers:
o The defendant threatens to dispossess the plaintiff or cause injury with the help
of government employees.
Example:
• A owns a house. B threatens to demolish it before trial. A can ask for injunction under
Rule 1 to stop B until the court decides.
Essence: To prevent irreparable harm to plaintiff’s property or rights before judgment.
3. Rule 2 – Injunction to Restrain Breach of Contract or Other Injury
Court can restrain a defendant from:
• Breaching a contract.
• Committing other wrongful acts (e.g., publishing defamatory material, violating
intellectual property rights, trespassing).
It can be asked whether or not damages are claimed.
Example:
• X agrees not to start a competing shop near Y’s store but threatens to do so. Y can seek
injunction under Rule 2 to restrain X from breaching contract.
4. Rule 3 – Notice to Opposite Party Before Granting Injunction
• General Rule: Court must give notice to the opposite party (defendant) before granting
an injunction.
• Exception: If delay would defeat the very purpose of injunction, court can grant ex parte
injunction (without hearing defendant).
• If ex parte injunction is granted →
o Plaintiff must immediately serve notice and copies of plaint, affidavit, documents
to defendant.
o Plaintiff must file an affidavit of compliance.
This ensures fairness while also protecting urgent cases.
5. Rule 4 – Discharge, Variation, or Setting Aside Injunction
• Court can discharge (cancel), vary (change), or set aside (withdraw) an injunction order
if:
o It was obtained by false or misleading statements made in affidavit or plaint.
o Circumstances have changed after injunction was granted.
Safeguard:
• If an ex parte injunction was obtained by misrepresentation or suppression of facts, the
court may cancel it immediately.
6. Conditions for Grant of Temporary Injunction (Judicially Developed Principles)
Though not directly in Rules, courts follow three golden principles (from case law):
1. Prima Facie Case → The plaintiff must show he has a genuine case that needs trial (not a
frivolous claim).
2. Irreparable Injury → If injunction is not granted, the plaintiff will suffer harm that cannot
be compensated by money.
3. Balance of Convenience → Court compares hardship to both sides. If hardship to
plaintiff > hardship to defendant, injunction may be granted.
All three must be satisfied; otherwise, injunction will not be granted.
7. Important Case Laws
1. Dalpat Kumar v. Prahlad Singh (1992) – Laid down the three essentials: prima facie case,
balance of convenience, irreparable injury.
2. Seema Arshad Zaheer v. MC of Greater Mumbai (2006) – Court stressed that injunction
is discretionary and equitable; plaintiff must approach with clean hands.
3. Kashi Math Samsthan v. Shrimad Sudhindra Thirtha Swamy (2010) – Misrepresentation
or suppression of material facts leads to immediate dismissal of injunction.
8. Exam-Oriented Quick Notes
• Order XXXIX = Temporary Injunctions & Interlocutory Orders.
• Rule 1 → Property protection (prevent waste, damage, alienation, dispossession).
• Rule 2 → Prevent breach of contract or other wrongful acts.
• Rule 3 → Notice to defendant before granting injunction (ex parte allowed only in urgent
cases).
• Rule 4 → Injunction can be cancelled/modified if obtained by fraud, false statement, or
due to changed circumstances.
• Grant of injunction depends on: prima facie case + irreparable injury + balance of
convenience.