A temporary injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 is an interim order that restrains a party from an act, such as selling or dispossessing property, until the suit is decided. Courts consider whether there is a prima facie case, whether the balance of convenience favours the applicant, and whether the applicant would suffer irreparable injury.
- Category
- Civil Proceedings
- Court or forum
- Trial and subordinate courts, High Court
- Type of content
- General information, not legal advice
- Last updated
Purpose and background
In a property dispute a party may fear that the other side will sell, build on or take possession of the property before the suit ends. A temporary injunction preserves the position until the court decides. It is sought by an application made along with a suit and supported by an affidavit.
An injunction is a discretionary remedy. The applicant must show a prima facie case, a balance of convenience in favour of the order and the likelihood of an injury that money cannot repair. Courts are cautious about granting an injunction without hearing the other side, and the law requires reasons to be recorded where they do so (Order XXXIX Rule 3).
Jurisdiction: where is it filed?
The suit and the application are filed in the civil court that has territorial and pecuniary jurisdiction over the property. In Mumbai, suits are filed in the City Civil Court or, where the valuation is above its limit, on the Original Side of the Bombay High Court. An appeal against an order granting or refusing an injunction lies under Order XLIII Rule 1(r), to the appropriate appellate court.
Procedural stages
- Collect the title documents, agreements, tax receipts and proof of possession, and note the dates of the acts complained of.
- Draft the plaint and the application for a temporary injunction, with an affidavit stating the facts.
- File the suit and the application with the court fee, and have the application listed.
- The court may issue notice to the opposite party and may pass an ad-interim order for a short period in urgent cases.
- The opposite party files a reply and the court hears both sides.
- The court grants or refuses the injunction by a reasoned order. The order can be challenged by an appeal.
Documents commonly required
- Plaint and application for temporary injunction
- Affidavit in support
- Title deeds, agreements, share certificates or other proof of right
- Proof of possession, such as tax receipts, utility bills and photographs
- Notices and correspondence between the parties
- Court fee and authority or vakalatnama
Limitation and timing
An injunction application should be made promptly, because delay can count against the applicant. Whether an injunction is granted depends on the facts and the court's assessment. This guide does not predict an outcome.
Common questions
What does a court look at before granting a temporary injunction?
The court considers whether the applicant has a prima facie case, whether the balance of convenience favours the applicant, and whether the applicant would suffer irreparable injury if the injunction is refused.
Can an injunction be granted without hearing the other side?
In urgent cases a court may pass an ad-interim order before hearing the other side, but the law requires the court to record its reasons, and the other side is heard soon afterwards.
Can an order on an injunction be appealed?
Yes. An appeal lies against an order granting or refusing a temporary injunction under Order XLIII Rule 1(r) of the Code of Civil Procedure.
Official references
- India Code, for the text of Central Acts
- Supreme Court of India
- Official website and rules of the High Court concerned
- How to find the right High Court