ORDER 39 – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

Civil Law



ORDER 39 – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

Temporary injunctions

  1. Cases in which temporary injunction may be granted – Where in any suit it is proved by affidavit or otherwise
  • 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
  • That the defendant threatens or intends, to remove or dispose of his property with a view to [defrauding] his creditor.
  • 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 be ordered to 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.

INJUNCTION TO RESTRAIN REPETITION OR CONTINUANCE OF BREACH

Rule 2, (1) in any suit for restraining the defendant from committing a breach of contract or another injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract or injury of a like-kind arising out of the same contract or relating to the same property or right.

(2) The Court may be order grant such injunction, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the Court thinks fit.

A consequence of disobedience or breach of the injunction

Rule 2A.(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.

 

 

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