Order 39 Rule 1 CPC – Temporary Injunction (Stay Orders)
Objective
To prevent a party from doing any act which may cause irreparable injury, waste, damage, alienation of property, or otherwise frustrate the rights of the opposite party till the disposal of the suit.
When Court May Grant Temporary Injunction (Order 39 Rule 1 CPC):
The Court may grant injunction where:
Property in Dispute – When the property in dispute is in danger of being wasted, damaged, or alienated by any party.
Threat of Dispossession – When defendant threatens to dispossess the plaintiff or cause injury to the property.
Breach of Contract / Infringement of Rights – When the defendant threatens to breach contract or violate the plaintiff’s rights.
Other Circumstances – Where justice demands interim protection.
Order 39 Rule 2 CPC – Injunction to Restrain Breach
Court may restrain:
Breach of contract.
Violation of rights in property.
Principles for Grant of Injunction (Established by Courts):
Prima Facie Case – Plaintiff must show that there is a strong case in his favour.
Irreparable Loss – Injury must be such that monetary compensation is not adequate.
Balance of Convenience – Greater inconvenience will be caused to the plaintiff if injunction is not granted.
(Case Reference: Dalpat Kumar v. Prahlad Singh (1992) – SC laid down the above three essential conditions.)
Nature of Injunctions Under Order 39 CPC:
Temporary / Interim Injunctions – Operate until further orders or disposal of suit.
Ex-Parte Injunctions (Rule 3) – Court may grant without hearing other side, but must record reasons.
Mandatory Injunctions – Directing a party to do a positive act.
Draft Format of Stay Application (Order 39 Rule 1 & 2 CPC)
IN THE COURT OF _
Civil Suit No. __ of 20
[Plaintiff] Vs. [Defendant]
Application Under Order 39 Rules 1 & 2 CPC
For Grant of Temporary Injunction / Stay
Most Respectfully Submitted:
That the applicant/plaintiff has filed the accompanying suit for declaration and permanent injunction, pending before this Hon’ble Court.
That the plaintiff has a prima facie case in his favour and balance of convenience also lies in favour of the plaintiff.
That if the defendant is not restrained from [selling / transferring / demolishing / interfering in possession etc.], the plaintiff shall suffer irreparable loss and injury which cannot be compensated in terms of money.
That the act of the defendant is illegal, arbitrary and without authority of law.
That unless restrained by way of injunction, the object of the suit will be defeated.
Prayer
In view of the facts stated above, it is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to:
a) Pass an order of temporary injunction restraining the defendant from [specific act – e.g., selling/alienating/dispossessing] during the pendency of the suit;
b) Pass any other order in the interest of justice.
Applicant/Plaintiff
Through Counsel
[Name & Signature]
Place:
Date:
Key Case Laws on Order 39 CPC
Dalpat Kumar v. Prahlad Singh (1992) – Three principles: prima facie case, irreparable loss, balance of convenience.
Gujarat Bottling Co. Ltd. v. Coca Cola Co. (1995) – Injunction discretionary & equitable remedy.
Seema Arshad Zaheer v. Municipal Corporation of Greater Mumbai (2006) – Court must prevent injustice by granting injunction.
stayorder39
