How to draft an application for a grant of temporary injunction in Gujarati

APPLICATION UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 CPC FOR GRANT OF AD-INTERIM EX-PARTE INJUNCTION

IN THE COURT OF

Suit No..................... of 200

In the Matter of:

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

versus 

CD.............................................................. Defendants

APPLICATION UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 CPC ON BEHALF OF THE PLAINTIFF FOR GRANT OF AD-INTERIM EX-PARTE INJUNCTION

Respectfully Showeth:

1. That the plaintiff has filed the accompanying suit for permanent injunction against the defendants which is pending disposal before this Hon?ble Court.,

2. That the plaintiff craves leave of this Hon?ble Court and prays that the contents of the accompanying plaint/suit may kindly be read as part and parcel of this application as those are not being repeated herein for the sake of brevity.

3. That the defendants particularly Nos. 1 and 2 are influential people who believe in taking the law in their own hands and also believe on using muscle powers.

4. That the defendants Nos. 2 and 3 are bent upon grabbing the room and kitchen built by plaintiff with his own hard earned money and are threatening to forcibly evict the plaintiff and his family through collusion with goondas and of official machinery functioning.

5. That in case the defendants succeed in achieving their illegal designs of forcibly evicting the plaintiff then the plaintiff will suffer an irreparable loss and injury which cannot be compensated in terms of money.

6. That the plaintiff has a good prima facie case in his favour and against the defendant and is likely to succeed therein.

7. That the balance of convenience also lies in favour of the plaintiff and against the defendant.

It is therefore respectfully prayed that during the pendency of the accompanying suit the defendants Nos. 1 to 3, their agents, servants, relatives etc. may kindly be restrained from selling, parting with, alienating, creating third party interest, interferring with the peaceful possession, occupation, enjoyment and use of the demised premises in and adjacent to House No..................... by passing an ad-interim injunction in favour of the plaintiff.

Plaintiff

Through Advocate

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

Dated:....................

AFFIDAVIT IN SUPPORT OF APPLICATION

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

Suit No..................... of 200

In the Matter of: -

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

versus 

CD.............................................................. Defendants

AFFIDAVIT

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

1. That I am the plaintiff in the above noted case and am well versed with the facts of the case, and as such, am competent to depose to the same.

2. That the accompanying application under Order 39 Rules 1 & 2 read with section 151 CPC has been drafted under my instructions. The contents stated therein are true and correct to my knowledge, and the same may be read as part and parcel of this affidavit.

Deponent 

VERIFICATION

Verified at.................... on this.................... day of.................... that the contents of the above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

Deponent.

case law

WHEN RELIEF TO BE GRANTED.

The relief should be awarded only in clear cases, reasonably free from doubt, and, when necessary, to prevent great and irreparable injury1.

BURDEN OF PROOF

Burden of proof rests upon the complainant to establish the material allegations entitling him to relief2.

POWER TO BE EXERCISED WITH EXTREME CAUTION.

To be applied in very clear cases ? Guidelines for exercise of discretionary powers3.

CIRCUMSTANCES NOT COVERED BY ORDER 39 CPC ? INHERENT JURISDICTION.

There being no such expression in Section 94 which expressly prohibits the issue of a temporary injunction in circumstances not covered by Order 39 or by any rules made under the Code, the Courts have inherent jurisdiction to issue temporary injunction in circumstances which are not covered by the provisions of Order 39, if the Court is of opinion that the interests of justice require the issue of such interim injunction4.

INJUNCTION WHEN ONLY AN INTERIM ORDER.

The matter ought to have been concluded by a final hearing as to whether temporary injunction will continue, if so on what terms until the disposal of the suit5.

OBSERVATIONS MADE IN INTERLOCUTORY PROCEEDINGS ? FINAL ORDER.

The trial court in deciding the suit itself will not allow its mind to be affected in any manner by the observations which are made in the interlocutory proceedings. It should be clearly understood that at the final stage the suit is to be decided on the evidence which is led by the parties and any observations made during the proceedings in respect of the prayer for a temporary injunction whether made in the Courts below or by the High Court have no relevance whatsoever in passing the final verdict after the trial of the suit6.