Skip to content
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 1 CPC: Cases in which temporary injunction may be granted

Bare Act text

1. Cases in which temporary injunction may be granted.—Where in any suit it is proved by affidavit or otherwise—

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to

[defrauding] his creditors,

[(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,] the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property [or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.

Amendment notes

  1. Subs. by Act 104 of 1976, s. 86, for “defraud” (w.e.f. 1 -2-1977).
  2. 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

A Court may grant a temporary injunction where it is proved by affidavit or otherwise that property in dispute is in danger of being wasted, damaged or alienated by any party, or wrongfully sold in execution of a decree. It may also do so where the defendant threatens or intends to remove or dispose of property to defraud creditors, or, under the 1976 amendment, threatens to dispossess the plaintiff or otherwise injure him in relation to the disputed property. The injunction restrains the act, or the Court makes such other order as it thinks fit, until disposal of the suit or further orders.

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
ShareWhatsAppTelegramLinkedInX