Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XXXIX · Temporary Injunctions and Interlocutory Orders

1Cases in which temporary injunction may be granted.

Order 39, Rule 1

Temporary injunctions

Where in any suit it is proved by affidavit or otherwise—

(a) 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

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to 3[defrauding] his creditors,

4[(c) 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 by order 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 4[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.

3 Subs. by Act 104 of 1976, s. 86, for “defraud” (w.e.f. 1-2-1977).

4 Ins. by s. 86, ibid. (w.e.f. 1-2-1977).

Order 39, Rule 1 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.