What's Covered in This Blog?

How to Get an Injunction Order from Court in India A Practical Step-by-Step Guide

How to Get an Injunction Order from Court in India: A Practical Step-by-Step Guide

What's Covered in This Blog?

Suppose one day you visit your plot of land and discover that your neighbour is building a wall on your side of the boundary, which takes a part of your land. You can file a police complaint for this, but it will just give a warning; it might not stop the construction. In this situation, you need a court injunction order to stop the construction. 

This guide explains the process to get an injunction order, the laws that govern it, and how you can challenge an injunction order. It is general information; if you need legal advice for your dispute, consult with a civil litigation lawyer.

What is an Injunction Order?

An injunction order is a legal remedy where the court either tells one person to stop an activity or tells them to perform an act. In this, the court preserves the situation as it is till the dispute is solved, to prevent harm or protect someone’s rights. 

Types of Injunction Orders

Types of injunctionWhat does the court order?
Temporary (interim) injunctionThe court orders a person to stop doing something temporarily, while the case is going on.
Permanent (perpetual) injunctionThe court permanently orders someone to stop doing something, after the case is fully decided
Prohibitory injunctionThe court stops a person from doing something
Mandatory injunctionThe court orders a person to do or undo something
Ex parte injunctionPassed without hearing the other side first, only in urgent cases

Which Laws Govern Injunctions in India?

Here are the laws that govern injunction orders in India:

  1. The Specific Relief Act, 1963 (Sections 36 to 42): These are the set of sections that deal with how an injunction order can be granted, when it can be granted, and when it must be refused.
SectionWhat it covers
Section 36Preventive relief is granted by injunction, temporary or perpetual
Section 37It governs temporary and perpetual injunctions
Section 38When a perpetual injunction is granted
Section 39Mandatory injunctions
Section 40Damages in addition to, or instead of, an injunction
Section 41When an injunction is refused
Section 42Injunction to enforce a negative agreement

2. The Code of Civil Procedure, 1908: Order XXXIX provides the procedure for temporary injunctions, and Section 94 and Section 151 support the court’s powers.

ProvisionIn simple words
Order XXXIXThe main rules for temporary injunctions: when the court can grant one, how the other side is told, and what happens if the order is ignored.
Section 94Lets the court pass interim orders, like a temporary injunction, to protect your rights while the case is going on.
Section 151It supports the inherent power of the court to still pass the order needed to do justice.

When Will a Court Grant an Injunction? The Three-Part Test

The court will not grant you an injunction order just because you simply ask for it. To get the injunction order, you need to satisfy these three things:

1. A Prima Facie Case

There must be a real, arguable, and strong claim in your support; the court wouldn’t grant an order based on a simple allegation. 

2. Balance of Convenience

The court considers which suffers more inconvenience or hardship. The court considers whether refusing the order will cause far greater harm to the applicant than it will cause to the defendant; then the balance tilts in favour of the injunction. 

3. Irreparable Injury

In case the plaintiff incurs any harm that can’t be fixed in monetary terms, or that can’t be undone. For example, a heritage house is demolished, or a business loses its reputation.

When courts refuse an injunction

Section 41 of the Specific Relief Act lists situations where an injunction will not be granted. In practice, the common ones are:

  • When the applicant has an equally effective alternative remedy
  • When the applicant has been guilty of delay or acquiescence
  • When the applicant’s own conduct is improper
  • When the injunction would affect the continued provision of essential facilities or certain infrastructure projects

Common Situations Where People Seek an Injunction

Common Situations Where People Seek an Injunction

Here are some common scenarios where you might need to file an injunction order:

  1. Property and land disputes: In property disputes, an injunction order can stop the activities till the ownership and boundaries are decided.
  2. Partition suits: If a co-owner tries to take over or sell a shared property, an injunction order can freeze the transaction till you solve your disputes.
  3. Business and contract disputes: Businesses can use an injunction to stop others from misusing their company’s trademarks, trade secrets, or during a breach of contract.
  4. Family disputes: In family disputes, if one of the co-owners decides to sell joint property, you can seek an injunction order. Furthermore, here’s our complete guide on how to solve family property disputes.

How to Get an Injunction Order: Step by Step

Step 1: Identify the right court

First, identify the right court that has jurisdiction over the property or the defendant. And know that if the defendant is a government officer, Section 80 CPC may require a two-month notice before suing, but in appropriate cases, the court may allow you to file a suit without waiting. 

Step 2: File the suit

The plaint mentions your case and the final relief you seek from the law, such as a declaration or permanent injunction. 

Step 3: File the interim application

You should also file an application for temporary injunction under Order XXXIX Rules 1 and 2 CPC; also it must be supported by an affidavit. 

Step 4: Support it with documents

Attach the documents that support your case, such as identity proof, possession proof, notices, and affidavit. 

Step 5: Notice and hearing

After the suit is filed, the other side also files a reply, and both sides are heard at court. In urgent cases, the court may pass an interim order first.

Step 6: The court’s order

After the hearing, the court may grant, refuse, or pass a limited order such as maintaining status quo.

Step 7: Serve the order 

After the court’s order is served, make sure the order is formally served on the other side and keep proof of that. An order that was never properly communicated is hard to enforce.

Documents Required for an Injunction Application

Here is the list of documents you will need in filing a petition for an injunction order in court:

DocumentWhy it matters
Sale deed, title deed or ownership papersIt proves your legal right in the property
Possession proofTax receipts, utility bills, photographs, revenue records
Notices or correspondenceShows the other side’s threat or breach
Photographs or site planShows the existing position or the construction
Agreement or contract (if relevant)For business or contractual disputes
AffidavitVerifies the facts in the application
Vakalatnama and ID proofProcedural requirements

What Happens If an Injunction Order Is Violated?

If a party, despite the knowledge of the court’s order, disobeys or breaches the injunction order, then under Order XXXIX Rule 2A CPC, the court can:

  • Order the property of the wrongdoer to be attached, and 
  • Also order detention in civil prison for up to three months.

Attachment of property remains in force for one year. So, if the breach continues for more than a year, the court can order the property attached to be sold.

If you believe that the court’s order has been violated, then you can apply before the same court with the proofs of breach such as photographs, dated records, and a copy of the court’s order.

How to Challenge or Set Aside an Injunction Order

If an injunction order has been passed against you and you’re not satisfied with it, you can apply before the court challenging the order. Here are legal options for challenging an order:

  • Order XXXIX Rule 4 CPC: Under this, you can apply to alter or set aside the order; you will need to provide valid grounds like a change in circumstance, or proof that the order is causing hardship. 
  • Order XLIII Rule 1(r) CPC: Under this, you can appeal against an order granting or refusing a temporary injunction.

Common Mistakes to Avoid When Applying for an Injunction

Here are some common mistakes people should avoid while applying for an injunction order to save time and get a solution faster:

  • Waiting too long to apply can weaken your argument.
  • Hiding facts can cause your appeal to be dismissed.
  • Not providing proper documents can challenge your success rate.
  • Treating a temporary order as a final win.
  • Not communicating the order with the defendants can challenge its enforceability.

When Should You Consult a Lawyer for an Injunction Order?

Injunction applications are time-sensitive; if you wait for the matter to settle, then apply for it, then the damages can increase. You must speak to an advocate the moment someone tries to harm your property or breaches any contract. 

At Kamal & Co. Advocates, we have 3 decades of experience in civil litigation, and we provide a complete assessment with injunction matters.

  • We analyze your documents before providing the best legal option available for you.
  • We take care of drafting and sending legal notices wherever required.
  • We draft and file a plaint for an injunction order.
  • We provide complete court representation, defending and challenging the appeal wherever required.

FAQs on Injunction Order in India

How long does it take to get an injunction order?

This depends on the complexity of the case, but in urgent cases you can get interim relief within days, while contested applications take longer.

Can an injunction be granted without notice to the other side?

In urgency injunction can be granted without notice to the other side, but the courts must record reasons and the other party must be notified of the orders.

How much does an injunction cost?

Court fees differ by state and the value of the suit. Lawyer’s fees depend on the advocate and the complexity.

Can I get an injunction against the government?

In appropriate cases, yes. But under Section 80 CPC, you might need a notice two months prior, and other statutory limits apply.

Written By

Need Legal Help? Consult Our Lawyer Now

Get trusted & tailored legal advice from our advocates in Bangalore, Hyderabad, Chennai, Delhi & Mumbai. We assist you with right action plan.

About Author

More Latest Insights

Get Quick Call Back From Us!

Quickly Get A Call Back from Us

Trusted by 5000+ Clients Throughout India

You data is 100% Secured, No Spam!

Quickly Get A Call Back from Us

Trusted by 5000+ Clients Throughout India

You data is 100% Secured, No Spam!