Draft of Interim Injunction under Order 39 Rule 1 & 2 of CPC

 

IN THE COURT OF THE CIVIL JUDGE, AHMEDABAD

Civil Suit No.    7034/2019

 

 

…Plaintiff

Vs.

…Defendants

An application for an interim injunction under Order XXXIX Rule 1 and 2 of the Civil Procedure Code

1.   The Plaintiff has filed the suit for (mention the purpose for eg recovery of possession of the disputed property).

2.   That the disputed property (Proper description of the suit property with facts ascertaining unquestionable legal authority of the plaintiff) has been unlawfully kept out of the possession of the plaintiff (or any other reason as per the case).

3.   Start with the chain of events that has led to the filing of the present suit. (This should be divided into subsequent sub paras to enable a clear understanding of the events).

4.   Mention the fact that the chain of events establish a prima facie case and further investigation or action is needed.

5.   A reason that clearly states the balance of favour in plaintiff’s side eg. The disputed property is the only means of income that the plaintiff’s family earns income from and dispossession would lead to unparalleled hardships.

6.   Irreparable damage will be caused which wouldn’t be compensated in monetary terms. (The reason might include mental trauma and emotional hurt).

7.   PRAYER: The plaintiff, therefore, prays that your Honour finds it fit to deliver a show-cause notice to the opposite party putting forward the reasons why the injunction shouldn’t be granted. Pending hearing of such injunction petition, it is prayed that an interim injunction order is passed to restrain the defendants from causing any harm to the disputed property.

 

 

PLAINTIFF (Signature):                                         ADVOCATE FOR PLAINTIFF                                                              

PLACE:

DATE:

 

ADVOCATE FOR PLAINTIFF:                                                                   

 

SCHEDULE

Attach a Schedule including all the documents containing the documents related to the property and to substantiate other facts mentioned in the application.

 

AFFIDAVIT

An affidavit is an oath of truthfulness for the facts that have been mentioned in the plaint in a written form. No penal action arises in case of non-inclusion of a fact that wasn’t a part of the plaintiff’s knowledge.