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Petition Under Order 39 Rule 1 And 2 Cpc Interim Injunction
This guide explains the Petition Under Order 39 Rule 1 And 2 Cpc Interim Injunction for advocates and litigants preparing papers before trial courts in India. It covers purpose, procedure, drafting practice, and free DOCX download on Vaksera.
Last updated: 2026-06-20
Introduction
Interim protection in civil and commercial disputes often begins with a Petition Under Order 39 Rule 1 And 2 Cpc Interim Injunction under Order XXXIX Rules 1 and 2 of the CPC (or parallel provisions in special statutes).
The court weighs prima facie case, balance of convenience, and irreparable injury. Your draft must make each element visible without exaggeration.
Prima facie case and balance of convenience
Facts should show a legal right threatened by imminent violation. Balance of convenience compares harm to applicant if relief is denied versus harm to respondent if granted.
Interim orders and caveats
Mention whether a caveat is filed on the other side. Propose precise interim orders—status quo, restraint from alienation, or injunctive directions with clear boundaries.
Filing and listing procedure (overview)
After preparing the Petition Under Order 39 Rule 1 And 2 Cpc Interim Injunction, counsel typically files it in the main case or as a miscellaneous application depending on registry classification. Court fee, process fee, and supported affidavits vary by state and forum.
Retain stamped copies, noting of filing, and the next listing date. If interim relief is sought, mention urgency clearly and be ready with a short oral pitch aligned with the written grounds.
Registry and paper Book conventions
Most registries expect double-spacing, margin rules, and annexure indexing for lengthy papers. Match the court’s standing orders on font, pagination, and whether e-filing requires a PDF Book in addition to physical filing.
Service and notice to opposite party
Unless the court permits otherwise, serve advance copy on the respondent or public prosecutor as applicable. Note the mode of service (hand delivery, process server, registered post, or electronic service where permitted) in your chamber diary.
Drafting standards an experienced advocate applies
Senior practitioners treat every application as a persuasion document: crisp facts, clear headings, pinpoint legal propositions, and prayers that match relief sought. Avoid argumentative adjectives; let dates, documents, and statutory hooks carry weight.
- Open with a precise cause title synced to the parent matter.
- State facts chronologically; separate disputed from admitted where possible.
- Cite the legal basis in short paragraphs—one proposition per paragraph.
- Prayers must be specific, feasible, and within the court’s power on that date.
- Annex only what you will rely on; index every annexure.
Preparing this format on Vaksera
Use the form above to enter court details, party names, case numbers, and counsel particulars. Blank fields remain blank in the downloaded Word file. Click Refresh Preview to review the draft, then Download petition for chamber editing and filing.
Conclusion
The Petition Under Order 39 Rule 1 And 2 Cpc Interim Injunction remains a staple in trial court litigation. Invest time in facts and law first; use the template to present your work with clarity and registry discipline. The drafting tool on this page helps you begin faster—final review always rests with counsel.
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Disclaimer
This article is for general information and drafting assistance only, not legal advice. Verify all statutes, rules, and court-specific filing requirements before filing. Vaksera does not guarantee acceptance of any draft.