Indian legal formats, statutes and practical court information

Temporary Injunction Application Format Under Order XXXIX Rules 1 & 2 CPC

A practical, updated format for seeking an ad-interim or temporary injunction in a pending civil suit, including a model prayer and affidavit.

Important: This is a general drafting format, not a substitute for case-specific legal advice. Court-fee requirements, affidavits, filing practice, pecuniary/territorial jurisdiction and local amendments may differ by State, High Court and District Court.

Law Governing Temporary Injunctions in India

Temporary injunctions in civil proceedings are primarily regulated by Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC). Rule 1 addresses situations such as threatened waste, damage, alienation or dispossession concerning property in dispute. Rule 2 permits temporary restraint against a breach of contract or other injury in appropriate cases.

The Specific Relief Act, 1963 separately governs preventive relief. Section 36 recognises preventive relief by injunction; Section 37 distinguishes temporary and perpetual injunctions; Sections 38 and 39 deal with perpetual and mandatory injunctions, while Section 41 specifies situations in which an injunction must be refused.

Common considerations for interim relief
  • whether the applicant has a prima facie case;
  • whether the balance of convenience favours protection;
  • whether refusal of interim relief may cause irreparable injury; and
  • whether the precise facts fall within the applicable statutory and procedural requirements.

Where immediate ex parte relief is requested, the applicant should also address the procedural requirements applicable to such an order, including Order XXXIX Rule 3 CPC. The pleading should be confined to facts that can be supported by the plaint, documents and affidavit.

Model Temporary Injunction Application

The following illustration is framed around a pending suit for specific performance involving immovable property where the plaintiff alleges a threat of sale, transfer or creation of third-party rights. Replace every blank and factual allegation with the actual case details.

Before the Court of the __________ at __________

Civil Suit No. ________ of 20__

In the matter of:

Mr./Ms. ____________________ Plaintiff / Applicant

Versus

Mr./Ms. ____________________ Defendant / Respondent

Application Under Order XXXIX Rules 1 and 2 Read With Section 151 of the Code of Civil Procedure, 1908 for Temporary / Ad-Interim Injunction

Most Respectfully Showeth:

  1. That the Plaintiff/Applicant has instituted the above-captioned suit against the Defendant/Respondent seeking specific performance of the Agreement to Sell dated __________ and/or such other reliefs as stated in the plaint. The suit is pending before this Hon'ble Court.
  2. That under the said Agreement to Sell, the Defendant/Respondent agreed to sell and transfer to the Plaintiff/Applicant the immovable property more fully described in the plaint and hereinafter referred to as the "suit property". A copy of the agreement and the relevant documents have been filed with the suit.
  3. That the Plaintiff/Applicant paid a sum of ₹__________ to the Defendant/Respondent by cheque/transfer/cash dated __________ towards earnest money/part sale consideration. The balance consideration of ₹__________ was agreed to be paid in accordance with the terms of the agreement.
  4. That, where applicable, possession of the suit property was delivered to the Plaintiff/Applicant on __________ pursuant to the agreement. [Delete this paragraph if possession was not delivered.]
  5. That the sale deed was agreed to be executed and registered on or before __________. On the relevant date, the Plaintiff/Applicant remained ready and willing to perform the contractual obligations and took such steps as are specifically pleaded in the plaint, including __________.
  6. That the Plaintiff/Applicant thereafter called upon the Defendant/Respondent to complete the transaction, including by legal notice dated __________ sent through __________. Despite service/attempted service, the Defendant/Respondent failed to perform the obligations alleged in the plaint.
  7. That the Plaintiff/Applicant has been and continues to be ready and willing to perform the essential terms of the contract required to be performed by him/her, subject to the pleadings and evidence in the suit.
  8. That the Plaintiff/Applicant has a prima facie case. The balance of convenience also lies in favour of preserving the suit property during the pendency of the proceedings.
  9. That this Hon'ble Court has territorial and pecuniary jurisdiction for the reasons stated in the plaint, including the location of the suit property and/or the accrual of the cause of action, as applicable.
  10. That the Plaintiff/Applicant has learnt on __________ that the Defendant/Respondent is attempting to sell, transfer, alienate, encumber or create third-party rights in the suit property. The information is based on __________. Unless restrained, such action may alter the subject matter of the suit, cause serious prejudice, lead to multiplicity of proceedings and result in injury that may not be adequately remedied by damages alone.
  11. That no prejudice incapable of compensation will be caused to the Defendant/Respondent if the suit property is preserved pending adjudication, whereas refusal of interim protection may defeat or seriously prejudice the relief claimed in the suit.
  12. That the present application is bona fide and made in the interest of justice.

Prayer

In the above facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to:

  1. grant a temporary/ad-interim injunction restraining the Defendant/Respondent, and persons acting through or under the Defendant/Respondent, from selling, transferring, alienating, encumbering, parting with possession of, or creating any third-party right or interest in the suit property during the pendency of the suit, except with leave of this Hon'ble Court;
  2. where urgency is established, grant appropriate ad-interim protection pending notice and hearing of this application, subject to compliance with the Code of Civil Procedure and applicable court rules; and
  3. pass such other or further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

Plaintiff / Applicant

Through Counsel
____________________, Advocate

Place: __________
Date: __________

Affidavit / Verification

I, ____________________, aged about ____ years, son/daughter/wife of ____________________, resident of ____________________, the Plaintiff/Applicant above named, do hereby solemnly affirm and state that I am acquainted with the facts of the case and competent to swear this affidavit.

I state that the contents of paragraphs ____ to ____ of the accompanying application are true and correct to my personal knowledge, and paragraphs ____ to ____ are based on information received and believed by me to be true. No material fact has been knowingly concealed.

Verified at __________ on this ____ day of __________, 20__, that the contents of the above affidavit/verification are true and correct to the best of my knowledge and belief.

Deponent / Plaintiff / Applicant

Drafting and Filing Notes

  • Use the exact court designation, case number and party names appearing in the pending suit.
  • State the precise threatened act and the source/date of that information; avoid vague or unsupported allegations.
  • Identify the suit property consistently with the plaint, title documents and schedule of property.
  • Attach or refer only to documents actually relied upon and filed in accordance with the applicable court rules.
  • If ex parte relief is sought, specifically plead urgency and address compliance with Order XXXIX Rule 3 CPC.
  • Check State amendments, Civil Rules of Practice, High Court rules and local filing requirements before submission.

Official Legal Resources

For the current statutory text and court-service information, use the following official Government of India and eCourts resources:

India Code - Code of Civil Procedure, 1908 India Code - Specific Relief Act, 1963 eCourts Services - District Court case status and services eCourts High Court Services - Case status, orders and cause lists

Frequently Asked Questions

Under which provision is a temporary injunction application filed?

A temporary injunction in a pending civil suit is ordinarily sought under Order XXXIX Rules 1 and 2 CPC. Depending on the facts and relief, Section 151 CPC may also be invoked for the court's inherent powers.

What must an applicant generally establish for temporary injunction?

The application ordinarily addresses a prima facie case, balance of convenience and irreparable injury, along with the statutory circumstances and procedural requirements applicable to the requested order.

Is a temporary injunction the same as a perpetual injunction?

No. Under Section 37 of the Specific Relief Act, 1963, a temporary injunction operates until a specified time or further order and is regulated by the CPC. A perpetual injunction is granted by decree after adjudication on the merits.