Civil

Application Under Order XXXIX Rule 2A CPC for Disobedience of Injunction

An application under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, is a quasi-criminal proceeding initiated to penalise a party for the wilful disobedience or breach of a temporary injunction order. The court may order the attachment of the contemnor's property or their detention in civil prison for a term not exceeding three months, using these powers independently or in combination.

This application is filed as an Interlocutory Application in the pending suit before the same court that granted the injunction. It rests on the court's inherent power under Section 151 CPC, read with the specific punitive mechanism provided under Order XXXIX Rule 2A.

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Governing law
CPC 1908, Order XXXIX Rule 2A r/w Section 151
Sections
s. Order XXXIX Rule 2As. Section 151
Filed before
Civil Judge / District Judge

When this is the right filing

  • When the opposite party has wilfully and deliberately violated the terms of a subsisting temporary injunction order.
  • When the applicant possesses clear proof that the violating party had knowledge of the injunction order before the breach occurred.
  • When the breach is not accidental, minor, or technical, but a deliberate act of defiance against the court's order.
  • When the applicant seeks punitive or coercive action, such as attachment of the contemnor's property or their detention in civil prison.
  • Do not use this application merely to seek an extension or modification of the injunction order itself; it is purely for penalising a past breach.

What the court looks for

  • Proof of a valid and subsisting temporary injunction order passed by the same court.
  • Conclusive evidence that the alleged contemnor had knowledge of the injunction order at the time of the breach.
  • Establishment of wilful and deliberate disobedience, proven to a high standard akin to proof beyond reasonable doubt.
  • Specific details of the acts constituting the breach, supported by an affidavit and relevant annexures.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Facts
  2. 2Grounds
  3. 3Prayer
  4. 4Affidavit in support
  5. 5Index / annexures
How it opens
2. That on [order date], this Hon'ble Court, on the application of the Applicant under Order XXXIX Rules 1 and 2 CPC, was pleased to grant a temporary injunction restraining the Defendant from [injunction terms] till the disposal of the suit. A true copy of the said order dated [order date] is annexed hereto as Annexure A-1.

Bracketed items are filled from your case.

Frequently asked questions

Can the court order both attachment of property and detention in civil prison in a single application under Order 39 Rule 2A?

Yes. The powers to order attachment of property and detention in civil prison under Order 39 Rule 2A(1) are independent and distinct. The court may, in its discretion, order either or both of these remedies to address the contempt.

What is the standard of proof required to establish disobedience under this provision?

The standard of proof is high because the proceeding is quasi-criminal in nature. The disobedience or breach must be established beyond reasonable doubt, requiring clear and cogent evidence that the act was wilful and deliberate, not accidental.

What happens to the attached property if the breach of injunction continues?

Under Order 39 Rule 2A(2), an order of attachment remains in force for a maximum of one year. If the disobedience or breach continues beyond this period, the court may order the sale of the attached property and award compensation to the injured party from the sale proceeds.

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