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Bare acts > Code of Civil Procedure, 1908 > Order 39 Rule 2
 
  


 

2. Injunction to restrain repetition or continuance of breach.- (1) In any suit 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 defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.

(2) The court may by Order grant such injunction, on such terms, as to the duration of the injunction, keeping an account, giving security, or otherwise, as the court thinks fit.

Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. 1-2-1977.

State Amendments

Madhya Pradesh.- In Order XXXIX of the First Schedule to the principal Act —

(a) in Rule 2, in sub-rule (2), the following proviso shall be inserted, namely:—

“Provided that no such injunction shall be granted —

(a) where no perpetual injunction could be granted in view of the provisions of Section 38 and Section 41 of the Specific Relief Act, 1963; or


(b) to stay, the operation of an order for transfer, suspension, reduction in rank, compulsory retirement, dismissal, removal or otherwise termination of service of, or taking charge from, any person appointed to public serve and post in connection with the affairs of the State including any employee of any Company or Corporation owned or controlled by the State Government: or

(c) to stay, any disciplinary proceeding, pending or intended or, the effect of any adverse entry against any person appointed to public service and post in connection with the affairs of the State including any employee of the Company owned or controlled by the State Government; or

(d) to retain any election: or

(e) to restrain any auction intended to be made or, to restrain the effect of any auction made by the Government; or to stay the proceedings for the recovery of any dues recoverable as land revenue unless adequate security is furnished;

and any order for injunction granted in contravention of these provisions shall be void. “M.P. Act No.29 of 1984, S. 8(14.8.1984).

Uttar Pradesh.- In Rule 2, in sub-rule (2), the following proviso shall be inserted, namely:—


“Provided that no such injunction shall be granted —

(a) where no perpetual injunction could be granted in view of the provisions of Section 38 and Section 41 of the Specific Relief Act, 1963.

(b) to stay the operation of an order for transfer, suspension, reduction in rank, compulsory retirement, dismissal, removal or otherwise termination of service of, or taking charge from, any employee including any employee of the Government,

(c) to stay, any disciplinary proceeding pending or intended or, the effect of any adverse entry, against any employee of the Government,

(d) [Omitted]

(e) to restrain any election,

(t) to restrain, any auction intended to be made or, the effect of any auction made, by the Government unless adequate security is furnished,

(g) to stay the proceedings for the recovery of any dues recoverable as land revenue unless adequate security is furnished, or

(h) in any matter where a deference can be made to the Chancellor of a University under any enactment for the time being in force;and any order for injunction granted in contravention of these provisions shall be void.” - U.?. Act 57 of 1976, S. 13 (w.e.f. 1.1.1977) . Ins. (w.e.f. 2.10.1981) (Vide Noti. dated 3.2.1981).

 

 

 

 

 

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