Application for Temporary Injunction under Order XXXIX Rules 1 & 2 CPC
An application for temporary injunction is an interlocutory application filed to restrain the opposite party from doing a specific act or to compel them to maintain the status quo regarding the subject matter of the suit, until the suit is finally decided. It is the primary mechanism for securing immediate protective relief in a civil dispute.
This application is filed with the plaint before a Civil Judge or District Judge. It derives its authority from Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, and must satisfy the mandatory three-fold test of a prima facie case, balance of convenience, and irreparable injury.
- Governing law
- CPC 1908, Order XXXIX Rules 1 & 2 read with Section 151
- Sections
- s. Order XXXIX Rule 1s. Order XXXIX Rule 2s. Section 151
- Filed before
- Civil Judge / District Judge
When this is the right filing
- When the plaintiff seeks to prevent the defendant from alienating, damaging, or altering the suit property during the pendency of the suit.
- When the defendant is threatening to breach a contract or commit a tort, and immediate restraint is necessary to prevent loss.
- When the plaintiff requires the court to compel a party to maintain the status quo to preserve the subject matter of the dispute.
- When seeking an ex-parte ad-interim order, provided grounds for proceeding without notice to the opposite party are specifically pleaded.
- Do not use this application as a standalone proceeding; it must be filed as an interlocutory application supported by a pending or simultaneously filed plaint.
What the court looks for
- A clear pleading establishing a prima facie case in favour of the applicant.
- A demonstration that the balance of convenience tilts in the applicant's favour, showing greater hardship if the injunction is refused.
- Proof that the applicant will suffer irreparable injury that cannot be compensated by costs or damages if the injunction is not granted.
- A mandatory disclosure that no other similar application has been made in any other court regarding the same subject matter.
- For ex-parte orders, specific reasons justifying why the court should proceed without issuing notice to the opposite party.
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.
- 1Facts
- 2Grounds
- 3Schedule of the suit property
- 4Prayer
- 5Affidavit in support
- 6Index / annexures
1. That the Applicant is the Plaintiff in the accompanying Civil Suit No. [suit no] of 20[yy] filed for [suit relief] in respect of [suit property short]. The contents of the plaint are read as part and parcel of this application and are not reproduced herein for the sake of brevity. A true copy of the plaint is annexed hereto as Annexure A-1.
Bracketed items are filled from your case.
Frequently asked questions
Is the three-fold test of prima facie case, balance of convenience, and irreparable injury mandatory to plead?
Yes. The three-fold test is the spine of the application. Each element must be pleaded as a distinct ground, as courts evaluate the application strictly on the satisfaction of all three conditions before granting a temporary injunction.
When should the Schedule of the Suit Property be included in the application?
The Schedule should be included only where the subject matter of the injunction is identifiable immovable property. It should be omitted for applications seeking a purely personal injunction, such as restraining a breach of contract not tied to specific property.
What is the procedural requirement after obtaining an ex-parte ad-interim injunction?
Under Order XXXIX Rule 3, the applicant must serve a copy of the application, supporting documents, and the order on the opposite party on the same day the order is granted. An affidavit of compliance confirming this service must then be filed with the court.
Free trial · Drafting assistance, not legal advice — always verify before filing.
More civil formats
- Affidavit in Support of Pleading under Order XIX Rule 3 CPC
- Appeal under Section 37 of the Arbitration and Conciliation Act, 1996
- Application for Condonation of Delay under Section 5 Limitation Act
- Application Under Order XXXIX Rule 2A CPC for Disobedience of Injunction
- Application for Impleadment of Party under Order I Rule 10 CPC
- Application for Recall, Modification or Clarification of an Order under Section 151 CPC
- Application for Restoration of Suit or Appeal Dismissed in Default
- Application for Substitution of Legal Representatives under Order XXII CPC