Order 39 Rule 4 CPC Application Template

About this agreement

Title: Application Under Order 39 Rule 4 CPC Format

Facing an interim injunction that's no longer justified? Secure our professional Application under Order 39 Rule 4 CPC for Discharge or Variation of Interim Injunction Order format – ready to download in PDF or Word for instant use in Indian courts.

What is an Application under Order 39 Rule 4 CPC?

An Application under Order 39 Rule 4 of the Code of Civil Procedure (CPC), 1908, is a crucial legal document filed by a defendant or affected party to seek the discharge (cancellation) or variation (modification) of an interim injunction order previously granted by the court. This provision empowers courts to revisit ex parte or temporary injunctions when new circumstances arise, such as changed facts, hardship to the applicant, or violation of natural justice principles. In India, this application is commonly used in civil litigation to protect rights and prevent misuse of interim reliefs.

Whether you're dealing with property disputes, business contracts, or trademark infringements, having a precise Application under Order 39 Rule 4 CPC format ensures your plea is structured correctly, increasing chances of success.

Why is it Important?

Interim injunctions under Order 39 Rules 1 and 2 CPC can halt business operations, restrict property access, or freeze assets temporarily. However, if the original grounds weaken or the injunction causes undue hardship, Rule 4 provides a remedy. Filing this application promptly is vital to avoid irreparable harm. Key benefits include:

Restoring Balance: Addresses inequities from one-sided ex parte orders.
Legal Compliance: Meets strict CPC procedural requirements, including notice to opposite parties.
Time-Saving: A ready-to-use legal template accelerates the process in district courts, high courts, or tribunals.
Cost-Effective: Avoid expensive lawyer drafting from scratch.

Using our SEO-optimized Application under Order 39 Rule 4 CPC sample saves time and boosts your case presentation.

Key Elements of the Application under Order 39 Rule 4 CPC Format

A well-drafted application must include these essential sections for court acceptance:

Court Header: Details of the suit number, court name, and jurisdiction (e.g., Civil Judge Senior Division).
Parties Involved: Applicant (defendant) and respondent (plaintiff) details.
Facts of the Case: Brief history of the suit and the original injunction order.
Grounds for Relief: Specific reasons like new evidence, changed circumstances, balance of convenience, or prima facie case in favor of applicant.
Affidavit in Support: Sworn statement verifying facts.
Prayer Clause: Clear request for discharge, variation, or vacation of the injunction.
Verification: Signed by the applicant or authorized representative.

Our customizable template covers all these, formatted for PDF/Word download, compliant with Indian court standards.

Who Should Use This Format?

This Application under Order 39 Rule 4 CPC format is ideal for:

Defendants in property, eviction, or partition suits.
Businesses facing restraining orders in commercial disputes, IP matters, or partnership conflicts.
Individuals in family, matrimonial, or debt recovery cases.
Lawyers handling high-volume civil litigation in India.

Common use cases: Trademark oppositions, construction halts, or contract breach scenarios where interim relief needs revisiting.

Download Your Customizable Application under Order 39 Rule 4 CPC Template Now

Don't let an unfair injunction derail your plans. Get instant access to our premium Application under Order 39 Rule 4 CPC format – available for free basic download or paid advanced versions with AI customization and legal review options. Edit in Word, print-ready PDF, fully compliant for courts across India.

Important Note

While this ready-to-use legal template is designed by experts, customize it to your specific facts. Always consult a qualified lawyer for advice tailored to your case. Explore related templates like Interim Injunction Application Format, CPC Order 39 Rule 1 & 2, or Ex Parte Injunction Vacation formats for comprehensive civil litigation support. Keywords: Order 39 Rule 4 application sample India, discharge injunction order PDF, variation of interim order Word doc, CPC legal templates free download.

APPLICATION UNDER ORDER 39 RULE 4 CPC FOR DISCHARGE OR VARIATION OF INTERIM INJUNCTION ORDER

APPLICATION UNDER ORDER 39 RULE 4 CPC FOR DISCHARGE OR VARIATION OF INTERIM INJUNCTION ORDER.

IN THE COURT OF....................

AB.................................................................... Plaintiff

versus

CD............................................................... Defendant.

APPLICATION UNDER ORDER XXXIX RULE 4, C. P. C. FOR DISCHARGE OR VARIATION OF INTERIM INJUNCTION ORDER

Sir,

That the defendant abovenamed most respectfully submits as under:

1. That the plaintiff has obtained an interim injunction as to maintain status quo till the disposal of the suit on.................... by making and presenting a forged and fabricated agreement to sell the property in suit for Rs..................:.. and showing the false receipt of Rs..................... from the defendant in respect of the aforesaid false and fabricated transaction. The plaintiff has made a false and forged thumb impression of the defendant on the aforesaid agreement-deed which is dated ..................... The thumb impressions on the said deed of agreement are not the thumb impressions of the defendant but of some other person who might have connived with the plaintiff along with the witnesses thereto. Moreover the plaintiff has expressly defamed the defendant by calling her a cunning lady in the plaint.

2. That the plaintiff has not so far paid proper court fees on the plaint and has gone in revision before the learned District Judge, simply to harass the defendant and to delay the disposal of the suit and to bring the defendant, an old lady to natural death in gross abuse of the process of law.

3. That the defendant wants to dispose of the property in suit for the proper settlement of the consideration between her legal heirs and successors and for the maintenance of herself, and it is expedient in the interest of justice that the defendant may be allowed to transfer the property in suit pendentelite subject to the conditions as this Hon?ble Court may deem fit to impose.

4. That the defendant undertakes that she will put an express condition in the transfer deed to the willing transferee, binding such transferee to abide by the decree and orders of this Hon?ble Court in the suit and to disclaim all rights and title thereto on the final decree of this Court if it goes against the defendant and the willing transferee.

5. That in the circumstances aforesaid it is further expedient that this Hon?ble Court may be pleased to make a variation in the interim injunction dated.................... allowing the defendant to transfer the property in suit to some willing transferee or transferees subject to the conditions as this Hon?ble Court may deem fit.

PRAYER

It is therefore most respectfully prayed that this Hon?ble Court may be pleased to discharge the interim injunction or to make a variation in the interim injunction dated.................... allowing the defendant to transfer the property in suit by sale to any willing persons purchasers subject to the conditions as this Hon?ble Court may deem fit in the circumstances of the case.

Advocate for defendant.

Place:....................

Dated:.................... 200

IN THE COURT OF....................

Suit No..................... /200

In the Matter of:

AB.................................................. Plaintiff/Petitioner

versus

CD............................................ Defendant/Respondent

AFFIDAVIT

I............................................................ resident of........... ......... do hereby solemnly affirm and declare as under: -

1. That I am the........................................ in this case and hence competent to swear this affidavit.

2. That the contents of the accompanying application are true and correct.

DEPONENT

VERIFICATION

Verified at.................... on this.................... day of.................... that the contents of the above affidavit are true and correct to my knowledge.

DEPONENT.

UNDUE HARDSHIP CAN BE GROUND FOR VARIATION OF ORDER FOR INJUNCTION

Undue hardship can be a ground for variation of an order for injunction under Order 39 Rule 4 of the Civil Procedure Code.1

ARREST BEFORE JUDGEMENT OF DEFENDANT

Order 38, Rule 1

An order of arrest before judgement of defendant is to be passed only where the plaintiff is able to make out a prima facie case and on being satisfied of the ingredients with regard to possible abscondance or disposal of the properties with intent to delay or obstruct the execution of the prospective decree. Merely because the defendant appears before the Court the relief to the plaintiff cannot be denied.2

ORDER PASSED UNDER ORDER 38 RULE 1 CPC NOT APPEALABLE

It is evident from Rule 1(2) of Order 43 that an order passed under Order 38, Rule 1 is not appealable in nature though an order under Rule 2 which is to be passed after the defendant is brought before the Court and where he fails to furnish security is appealable.3

1. Parmanaand Agarwal v. Sudera Enterprises Pvt. Ltd., 2000 (1) CCC 503 (Cal. ).

2. S. Selvarathinam v. Rajasekharan Nair, AIR 2001 Kerala 1.

3. S. Selvarathinam v. Rajasekharan Nair, AIR 2001 Kerala 1.

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Important Guidelines

Guidelines for Drafting Application under Order 39, Rule 4 CPC for Discharge or Variation of Interim Injunction Order:

An application under Order 39, Rule 4 of the Code of Civil Procedure (CPC) is used when a party seeks the discharge or variation of an interim injunction order. Follow these guidelines for effective drafting:

Clearly State Relief Sought: Clearly articulate whether you seek the discharge or variation of the interim injunction order. Specify the grounds justifying the requested relief.

Provide Changed Circumstances: Demonstrate changed circumstances or new facts that warrant the discharge or modification of the injunction. Clearly explain how the initial conditions have evolved.

Address Balance of Convenience: Establish that the balance of convenience now favors the discharge or modification of the injunction. Show that the harm to your client outweighs any potential harm to the opposing party.

Attach Supporting Affidavit: Accompany the application with a supporting affidavit containing all relevant facts, evidence, and documents. Present a compelling case to justify the requested relief.

Common Mistakes to Avoid:

Vague Grounds for Discharge or Variation: Clearly define and justify the grounds for seeking discharge or variation. Vague or insufficiently explained reasons may weaken the application's merit.

Failure to Address Changed Circumstances: Clearly articulate how circumstances have changed since the issuance of the injunction. Failure to show changed circumstances may weaken the application.

Ignoring the Balance of Convenience: Ensure a thorough analysis of the balance of convenience. Ignoring this aspect may affect the court's decision on discharge or variation.

Inadequate Affidavit: Provide a comprehensive affidavit with all relevant details. Insufficient evidence or incomplete documentation may impact the application's success.

By adhering to these guidelines and avoiding common mistakes, you can draft a persuasive application under Order 39, Rule 4 CPC, increasing the likelihood of successfully obtaining the discharge or variation of an interim injunction order in civil proceedings.

Frequently asked questions

What is an Application under Order 39 Rule 4 CPC?→

This is a legal application under the Code of Civil Procedure (CPC), 1908, used in Indian courts to seek discharge or variation of an interim injunction order granted under Order 39 Rules 1 & 2. It allows parties to challenge or modify restrictive court orders.

Is this application format legally valid in India?→

Yes, this customizable template adheres to CPC provisions and is valid for filing in Indian civil courts. Always verify with local court rules and attach necessary affidavits.

Do I need to pay stamp duty or court fees for this application?→

No stamp duty is applicable; however, standard court fees as per the relevant Court Fees Act must be paid when filing this application in India.

In what format can I download this application document?→

Download this legal agreement in editable Word (.docx) or PDF format, suitable for customization and direct court submission.

When should I use this Application under Order 39 Rule 4 CPC?→

File this when you are the defendant in a civil suit in India and wish to discharge or vary an existing interim injunction due to changed circumstances or errors.

Can I customize or edit this application template?→

Yes, this fully editable template allows customization of case details, facts, and prayers to suit your specific legal needs in Indian courts.

APPLICATION UNDER ORDER 39 RULE 4 CPC FOR DISCHARGE OR VARIATION OF INTERIM INJUNCTION ORDER

APPLICATION UNDER ORDER 39 RULE 4 CPC FOR DISCHARGE OR VARIATION OF INTERIM INJUNCTION ORDER.

IN THE COURT OF....................

AB.................................................................... Plaintiff

versus

CD............................................................... Defendant.

APPLICATION UNDER ORDER XXXIX RULE 4, C. P. C. FOR DISCHARGE OR VARIATION OF INTERIM INJUNCTION ORDER

Sir,

That the defendant abovenamed most respectfully submits as under:

PRAYER

Advocate for defendant.

Place:....................

Dated:.................... 200

IN THE COURT OF....................

Suit No..................... /200

In the Matter of:

AB.................................................. Plaintiff/Petitioner

versus

CD............................................ Defendant/Respondent

AFFIDAVIT

I............................................................ resident of........... ......... do hereby solemnly affirm and declare as under: -

1. That I am the........................................ in this case and hence competent to swear this affidavit.

2. That the contents of the accompanying application are true and correct.

DEPONENT

VERIFICATION

Verified at.................... on this.................... day of.................... that the contents of the above affidavit are true and correct to my knowledge.

DEPONENT.

UNDUE HARDSHIP CAN BE GROUND FOR VARIATION OF ORDER FOR INJUNCTION

Undue hardship can be a ground for variation of an order for injunction under Order 39 Rule 4 of the Civil Procedure Code.1

ARREST BEFORE JUDGEMENT OF DEFENDANT

Order 38, Rule 1

ORDER PASSED UNDER ORDER 38 RULE 1 CPC NOT APPEALABLE

1. Parmanaand Agarwal v. Sudera Enterprises Pvt. Ltd., 2000 (1) CCC 503 (Cal. ).

2. S. Selvarathinam v. Rajasekharan Nair, AIR 2001 Kerala 1.

3. S. Selvarathinam v. Rajasekharan Nair, AIR 2001 Kerala 1.

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