Order 39 – Temporary Injunctions & Interlocutory Orders

1. What is an Injunction?

• An injunction is an equitable, discretionary order of the court restraining or compelling a party's actions during the pendency of a suit.

2. The Three Golden Conditions (Rule 1 & 2)

An interim or temporary injunction can be sought in civil suits by fulfilling three essential criteria simultaneously (All of these):

• Prima facie case: A serious, non-frivolous question to be tried.
• Balance of convenience (often typed as balance of inconvenience in papers): In favor of the plaintiff.
• Irreparable loss/injury: A damage that cannot be adequately compensated by money.

3. Rules of Notice & The "Ad-Interim" Exception (Rule 3)

• General Rule: Under Order 39 Rule 3, before granting an injunction, the court must direct notice of the application to be given to the Opposite party and provide an opportunity of hearing (Both A and B).
• The Urgent Exception: The court can grant an Ad-Interim injunction without notice to the other party if delay would defeat the purpose of the injunction entirely.
• Statutory Time Constraints (Pakistan/CPC Specifics):

4. Discharging, Varying, or Setting Aside an Order (Rule 4)

• Under Order 39 Rule 4, any order for An injunction may be discharged, varied, or set aside (All of these) by the same court that passed it upon an application by a dissatisfied party.