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Quick Answer
An interim injunction prevents irreversible harm during litigation. The grant is governed by the three-fold test from Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719: (i) prima facie case in favour of the plaintiff; (ii) balance of convenience in granting versus refusing the injunction; (iii) irreparable injury that cannot be compensated by damages. Interim injunctions are routinely sought in property suits, contract disputes, IP infringement, and matrimonial matters. Ex parte injunctions under Order XXXIX Rule 3 are granted only in exceptional cases of urgency.
Statutory reference
Order XXXIX CPC 1908
The interim injunction is usually the real battle in property and commercial disputes — whoever holds the interim order holds the ground for the years the suit takes. The application (Order XXXIX Rules 1–2 CPC) is decided on three tests argued together: a prima facie case, balance of convenience, and irreparable injury that damages cannot cure. In urgent matters courts grant ex parte ad-interim relief on the first day, subject to Order XXXIX Rule 3's requirement of immediate notice to the other side. The tactical corollaries matter as much as the tests: an injunction obtained by concealment is vacated with costs; undertakings given to court are enforceable; and breach is punishable under Rule 2A with attachment and even detention. Injunctions against creating third-party rights in disputed property are the bread-and-butter form.
Worked example
A Gurgaon buyer under an agreement to sell learns the seller is negotiating with a second purchaser at a higher price. Her lawyer files a specific-performance suit the same week with an Order XXXIX application, annexing the agreement, payment receipts and the broker's messages about the rival deal. The court grants ex parte ad-interim protection restraining the seller from alienating or encumbering the flat, notice returnable in two weeks. The rival deal dies — no purchaser will buy litigation — and eighteen months later the seller settles by executing the sale deed. The injunction, obtained in week one, decided the case.
Related practice areas
Temporary restraining order granted under Order XXXIX Rule 1 or 2 CPC during the pendency of a suit, restraining the defendant from disturbing the status quo. Granted on three-fold test: prima facie case, balance of convenience, irreparable injury.
Interim Injunction is governed by Order XXXIX CPC 1908. An interim injunction prevents irreversible harm during litigation. The grant is governed by the three-fold test from Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719: (i) prima facie case in favour of the plaintiff; (ii) balance of convenience in granting versus refusing the injunction; (iii) irreparable injury that cannot be compensated by damages. Interim injunctions are routinely sought in property suits, contract disputes, IP infringement, and matrimonial matters. Ex parte injunctions under Order XXXIX Rule 3 are granted only in exceptional cases of urgency.
Interim Injunction falls under Civil Law, Intellectual Property. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
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