INTERIM AGREEMENT

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

?

An application for interim injunction

HIGHLIGHTS

The provision is under Order XXXIX, Rule 1 of the Civil Procedure Code. The meaning of the word interim is in the meanwhile, and an injunction means a written order from the court of law, demanding that something shall be or shall not be done.

The relevant provisions are as follows:

TEMPORARY INJUNCTIONS

1. Cases in which temporary injunction may be granted - 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 defrauding his creditors, 

(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 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.

 

2. Injunction to restrain repetition or continuance of breach -

(1) In any suit for possession for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit,

and either before or after judgment, apply to the Court for a temporary injunction to restrain the

APPLICATION UNDER SECTION 151 C. P. C. FOR AD-INTERIM STAY

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

C. M. No..................... of 19....................

in 

C. W. No................... of 19...................

A. B................................................................ Petitioner

versus 

C. F............................................................ Respondent.

Respectfully Showeth:

1. That the applicant/petitioner has today filed the accompanying writ petition against the respondent action of forcible dispossession of the petitioner?s from his land (built up land) in...................

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