What are the remedies available under Order 39 CPC?
Asked by: scraper | Last update: August 18, 2026Score: 0/5 (0 votes)
Under Order 39 of the Code of Civil Procedure (CPC), the primary remedies are Temporary Injunctions and Interlocutory Orders used to maintain the status quo and prevent irreparable harm while a civil suit is pending.
What is the order 39 of the Civil Procedure Code CPC?
(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to ...
What are the grounds for order 39 rule 4 CPC?
An application under Order 39 Rule 4 CPC can be filed when: Ex-parte injunction is passed without hearing respondent. Plaintiff suppressed material facts. No prima facie case exists.
What are the three conditions for temporary injunction?
Affidavit sufficient for grant of temporary injunction: For temporary injunctions under Order 39, rule 1 & 2 CPC, plaintiff can prove the three ingredients, i.e. (i) Prima facie case, (ii) Balance of convenience and (iii) irreparable injury on affidavits.
How does order 39 CPC relate to injunctions?
Rule 1 of Order 39, no doubt, enumerates circumstances in which a court may grant interim injunction. It, however, nowhere provides that no temporary injunction can be granted by the court unless the case falls within the said provision.
Injunction order || Temporary Injunction ||Order 39 ( Rule 1-5) || section 94(c) of cpc ||stay order
What is the most common remedy sought in a civil case is an injunction?
An injunction in civil litigation is a court order that directs a person (or entity) to do something or to stop doing something. Injunctions are a discretionary judicial remedy most often used in situations where monetary damages are insufficient to protect against a potentially irreparable harm.
What is order 39 rule 3A of CPC?
Rule 3A of CPC: Rule 3A: Court to dispose of application for injunction within thirty days. Language. ORDER XXXIX: TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS. Temporary injunctions. Rule 3A: Court to dispose of application for injunction within thirty days.
What is the remedy of temporary injunction?
Temporary injunction is a provisional remedy that is invoked to preserve the subject matter in its existing condition. Its purpose is to prevent dissolution of the plaintiff's rights. The main reason for use of a temporary injunction is the need for immediate relief.
What are the three golden rules of injunction?
Depending on each case on its own facts, three cardinal principles governing grant of temporary injunction have been accepted, namely (i) a strong prima-facie case, (ii) the balance of convenience and (iii) irreparable loss and injury.
How long does it take to get compliance with order 39 rule 3?
Provisions of Order 39 Rule 3 shall be complied within seven days.
What is the rule of order 39 rule 2A and contempt?
provisions of Order 39 Rule 2A CPC provides a remedy against a person flouting an order of injunction passed by the court the jurisdiction of the High Court to take action under Contempt of Courts Act still subsists and, therefore...
Does Order 39 Rule 4 relate to other orders?
Order 39 Rule 4 empowers courts to revisit and modify temporary injunctions granted under Rules 1, 2, or 3. It states: Any order for an injunction may be discharged, or varied, or set aside by the Court on application...
Is order under order 39 rule 1 and 2 CPC appealable?
Because Section 13 of the Commercial Courts Act restricts appeals to the orders listed in Order 43 Rule 1 CPC, this distinction is essential. Order 43 Rule 1(r) clearly excludes Rule 3 but allows appeals from orders under Order 39 Rules 1, 2, 2A, 4, and 10.
What are the common challenges with Order 39 CPC?
Challenges include abuse by plaintiffs to delay proceedings, inadequate scrutiny in granting ex parte injunctions, and enforcement issues. Courts must balance protecting rights with preventing misuse to ensure justice and procedural efficiency.
Can order 39 CPC be filed during execution proceedings?
Execution Proceedings are Not Considered a Suit under Order 39 of CPC - The sources clarify that proceedings initiated under Order 39 CPC, such as for temporary injunctions or stay orders, are not classified as suits.
What is the Supreme Court Judgement on Order 39 Rule 3 CPC?
The Supreme Court observed that the ex parte interim injunction granted under Order 39 Rule 3 CPC can be vacated if the mandatory requirements to record reasons for granting ex parte relief and service of documents to the opposite party was not ensued.
Can a suit dismissed for default be restored?
Whereas if the suit is dismissed under Rule 8 of Order IX of the C.P.C., the plaintiff cannot bring a fresh suit on the same cause of action. The only remedy available to the plaintiff is to move an application for setting aside the order of dismissal and for restoration of suit.
What is the rule 2 of order 39?
Rule 2 of Order XXXIX provides injunction to restrain or continuance of breach: (1) In suit for restraining the defendant from committing a breach of contract or otherwise injury of any kind, whether compensation is claimed in the suit or not the plaintiff may, at any time, after the commencement of the suit and either ...
Who pays for a civil case?
Legal costs in small claims
The general rule is that each side has to pay their own legal costs and no-one else's, whether they win or lose. However, if the court decides that the loser has behaved unreasonably, it can order them to pay the winner's legal costs. This only happens very occasionally.
What is the rule 4 of order 39?
A perusal of the Provision of Order 39 Rule 4 reveals that any party who has not been noticed, dissatisfied with an order for injunction file an application to the Court granting the injunction to discharge, vary or set aside the injunction.
What is the order 39 rule 10?
Order 39 rule 10 provides that "Where the subject-matter of a suit is money or some other thing capable of delivery, and any party thereto admits that he holds such money or other thing as a trustee for another party, or that it belongs or is due to another party, the court may order the same to be deposited in court ...
What is Order 39 of the CPC?
Order 39 Rules 1 & 2 CPC → Deals with temporary injunctions (includes ad-interim and interim). Order 39 Rule 3 CPC → Lays down conditions for granting ex parte ad-interim injunction (must record reasons and serve copies immediately). #
What is a temporary injunction under order 39 of the CPC?
Temporary injunctions under Order 39 of the CPC maintain the status quo until trial. Ex parte temporary injunctions may be granted in emergencies before notice but reasons must be recorded. Permanent injunctions are granted after full trial.
What are remedies of injunction?
An equitable remedy in which a court orders a party to perform, or refrain from performing, a particular act. A prohibitory injunction is an order forbidding a party from performing an act; a mandatory injunction is an order to perform an act.
What remedies are available for breach?
The main remedies for breach of contract include compensatory damages, liquidated damages, restitution, rescission, specific performance, and reformation. Each remedy serves a different purpose, from recovering financial losses to requiring a party to fulfill their obligations.