EX PARTE AD-INTERIM INJUNCTION ORDER

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EX PARTE AD-INTERIM INJUNCTION ORDER

(Under Order 39 Rules 1 & 2 CPC)

IN THE COURT OF THE CIVIL JUDGE (S.D.), [PLACE]
Regular Civil Suit No. ___ of 20__

[Plaintiff]
Versus
[Defendant]

ORDER BELOW EXH.__ (O.39 R.1 & 2 CPC)
Date: //20__

1. Urgency & Appearance

Heard learned advocate for the plaintiff.
Defendant though served/not served is not present.

The plaintiff seeks ex parte ad-interim injunction on the ground of imminent threat of dispossession/alienation.

2. Legal Position

Grant of temporary injunction is governed by the triple test:

  • Prima facie case

  • Balance of convenience

  • Irreparable injury

As laid down in
Dalpat Kumar v. Prahlad Singh,
the Court must record satisfaction regarding these elements.

Further, ex parte injunction should be granted only where delay would defeat the very purpose of injunction.

3. Findings (Prima Facie)

From the documents produced (registered sale deed dated __), it appears that the plaintiff has established a prima facie right over the suit property.

The plaintiff has produced photographs and notice indicating imminent attempt to transfer property.

If notice is issued and injunction not granted immediately, the suit may become infructuous.

4. Satisfaction under Order 39 Rule 3 CPC

The Court is satisfied that:

  • Object of injunction would be defeated by delay.

  • Immediate protection is necessary.

Plaintiff shall comply with Order 39 Rule 3 CPC by:

  • Sending copies of plaint, application, affidavit, and documents to defendant within 24 hours.

  • Filing affidavit of compliance.

5. Order

Issue notice returnable on //20__.

By way of ad-interim relief, the defendant is restrained from transferring, alienating, or creating third-party rights in the suit property till next date of hearing.

Plaintiff shall comply with Order 39 Rule 3 CPC forthwith.

Pronounced in open Court.

(Civil Judge, SD)

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Where Temporary Injunction is Granted The granting of temporary injunction is a matter of discretion of the Court. The discretion is to be exercised judicially according to well-settled principles. Rule 1 of Order XXXIX of the Code of Civil Procedure, […]

23 thoughts on “EX PARTE AD-INTERIM INJUNCTION ORDER”

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