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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 6 CPC: Power to order interim sale

Bare Act text

6. Power to order interim sale.—The Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to have sold at once.

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

On a party's application, the Court may order the sale, by a person named in the order and in such manner and on such terms as it thinks fit, of movable property that is the subject-matter of the suit or attached before judgment. The power applies where the property is subject to speedy and natural delay, or where for any other just and sufficient cause it is desirable to sell it at once.

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