Civil applications
Temporary injunction application format under Order XXXIX CPC
Drafting an interim injunction application under Order XXXIX Rules 1 and 2 CPC: the three tests, the ex parte procedure under Rule 3, the 30-day rule in Rule 3A and the supporting affidavit.
An application for temporary injunction is filed with or after the plaint, under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, read with Section 151. The applicant must satisfy three tests: a prima facie case, that the balance of convenience lies in the applicant's favour, and that refusal would cause irreparable injury not compensable in money. Where an ex parte order is sought, Rule 3 requires the court to record reasons and the applicant to serve the papers immediately, and Rule 3A requires the court to endeavour to dispose of the application within thirty days.
- Governed by
- Order XXXIX Rules 1, 2, 3 and 3A, Code of Civil Procedure, 1908
- Section 151, Code of Civil Procedure, 1908
- Specific Relief Act, 1963, Sections 36 to 42
- Where it is filed
- The civil court in which the suit is filed or pending.
- Who files it
- The plaintiff, or a defendant seeking to restrain the plaintiff or a co-defendant.
What a temporary injunction application must contain
The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.
1.Cause title
The court, the suit number or a note that the suit is filed herewith, and the party array.
2.Reference to the suit
The nature of the suit and the main relief, so the interim relief can be seen to be in aid of it.
3.Prima facie case
The material facts and documents showing a serious question to be tried, with the title, contract or right asserted.
4.Balance of convenience
Why greater hardship would be caused by refusing the injunction than by granting it.
5.Irreparable injury
Why damages would not be an adequate remedy, with specifics rather than a formula.
6.Urgency
The apprehended act, when it is threatened, and why notice would defeat the purpose if an ex parte order is sought.
7.Prayer
The precise act to be restrained, described so that the order can be enforced and a breach identified, plus an interim ex parte prayer pending notice.
8.Supporting affidavit
A sworn affidavit verifying the facts, with the documents relied on filed alongside.
Mistakes that get this document returned
- Reciting the three tests as a formula without pleading the facts that satisfy them.
- A prayer so wide or vague that the court cannot frame an enforceable order.
- Suppressing material facts when seeking an ex parte order, which is a ground to vacate it.
- Not complying with Order XXXIX Rule 3 on immediate service after an ex parte order.
- Seeking an injunction to restrain an act already completed, where the remedy is mandatory relief or damages.
Frequently asked questions
What are the three conditions for a temporary injunction?
A prima facie case, the balance of convenience in favour of the applicant, and irreparable injury that cannot be compensated in money. All three must be satisfied.
How long does an ex parte injunction last?
Order XXXIX Rule 3A CPC requires the court to endeavour to finally dispose of the application within thirty days of granting an ex parte injunction, and to record reasons if it does not.
Can an injunction be granted against a government body?
Yes, subject to the statutory bars, including Section 41 of the Specific Relief Act, 1963 and the notice requirement under Section 80 CPC where applicable.
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Related formats
Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.