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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 2A CPC: Consequence of disobedience or breach of injunction

Bare Act text

[2A. Consequence of disobedience or breach of injunction.—(1) In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.

(2) No attachment made under this rule shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.]

Amendment notes

  1. Sub-rules (3) and (4) omitted by Act 104 of 1976, s. 86 (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

Where an injunction or order under rule 1 or rule 2 is disobeyed, or its terms are breached, the Court that granted it, or any Court to which the suit is transferred, may attach the property of the person guilty. It may also detain that person in civil prison for up to three months unless it releases him earlier. An attachment lasts no more than one year. If the disobedience continues, the property may be sold, compensation awarded to the injured party out of the proceeds, and any balance paid to the party entitled.

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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