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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXXIX: Temporary Injunctions And Interlocutory Orders

Order XXXIX Rule 4 CPC: Order for injunction may be discharged, varied or set aside

Bare Act text

4. Order for injunction may be discharged, varied or set aside.—Any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order:

[Provided that if in an application for temporary injunction or in any affidavit supporting such application, a party has knowingly made a false or misleading statement in relation to a material particular and the injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice:

Provided further that where an order for injunction has been passed after giving to a party an opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that party except where such discharge, variation or setting aside has been necessitated by a change in the circumstances, or unless the Court is satisfied that the order has caused undue hardship to that party.]

Amendment notes

  1. Ins. by s. 86, ibid. (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Any party dissatisfied with an injunction order may apply to have it discharged, varied or set aside. Under the 1976 amendment, if a party knowingly made a false or misleading statement on a material particular in the application or supporting affidavit and the injunction was granted without notice, the Court shall vacate it unless, for recorded reasons, that is not necessary in the interests of justice. Where the order was passed after hearing a party, it cannot be discharged, varied or set aside on that party's application unless circumstances have changed or the Court is satisfied that it caused undue hardship.

Order XXXIX: Temporary Injunctions And Interlocutory Orders

  1. 1 Cases in which temporary injunction may be granted
  2. 2 Injunction to restrain repetition or continuance of breach
  3. 2A Consequence of disobedience or breach of injunction
  4. 3 Before granting injunction, Court to direct notice to opposite party
  5. 3A Court to dispose of application for injunction within thirty days
  6. 4 Order for injunction may be discharged, varied or set aside
  7. 5 Injunction to corporation binding on its officers
  8. 6 Power to order interim sale
  9. 7 Detention, preservation, inspection, etc., of subject-matter of suit
  10. 8 Application for such orders to be after notice
  11. 9 When party may be put in immediate possession of land the subject-matter of suit
  12. 10 Deposit of money, etc., in Court
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