Order XXXIX Rule 2 CPC: Injunction to Restrain Repetition or Continuance of Breach

Order 39 Rule 2 of the Code of Civil Procedure, 1908 (CPC) empowers a civil court to grant a temporary injunction to prevent a defendant from committing or repeating a breach of contract or other injury. The remedy protects rights while the suit remains pending, subject to judicial discretion and applicable law.

Text and meaning of Order XXXIX Rule 2 CPC

Rule 2(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.

Rule 2(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.

What does Rule 2 cover?

Breach of contract means a failure or threatened failure to perform a legally enforceable contractual obligation. Other injury refers to an actionable infringement of a legal right, including an injury relating to the same property or right. Rule 2 permits an application even if the plaintiff also claims damages or other compensation in the suit.

The provision addresses both the initial threatened breach or injury and a similar recurring breach arising from the same contract or concerning the same property or right. It does not automatically establish a right to an injunction merely because a breach is alleged.

Conditions courts consider

When exercising discretion, courts ordinarily examine whether the applicant establishes a prima facie case (a serious triable claim), whether the balance of convenience favours protection, and whether refusal may cause irreparable injury not adequately remedied by monetary compensation. The court also considers the applicant's conduct, delay, the nature of the right, and statutory restrictions on injunctions.

How to apply for a temporary injunction

1. Institute an appropriate civil suit seeking substantive relief.
2. File an interlocutory application identifying Order XXXIX Rule 2 and, where applicable, Section 151 CPC, supported by an affidavit and relevant documents.
3. Describe the legal right, threatened or continuing breach, urgency, and the specific restraint requested.
4. Serve notice in accordance with Order XXXIX Rule 3, unless the court records reasons for granting relief without prior notice.
5. Comply with any terms imposed, including security, accounts, or time limits.

Related legal provisions

Order XXXIX Rule 1: temporary protection against specified risks to disputed property, including waste, damage, alienation and dispossession. Order XXXIX Rule 2A: consequences for disobedience or breach of an injunction. Order XXXIX Rule 3: notice before granting an injunction and the exceptional procedure for ex parte relief. Order XXXIX Rule 3A: the court should endeavour to dispose of an application within thirty days when an injunction was granted without notice, and record reasons if it cannot. Order XXXIX Rule 4: discharge, variation or setting aside of an injunction.

Section 94(c) CPC: supplemental proceedings empowering the court, where prescribed, to grant a temporary injunction and address disobedience. Section 151 CPC: preserves the court's inherent powers to make orders necessary for the ends of justice or to prevent abuse of process, subject to express provisions. Section 37 of the Specific Relief Act, 1963: distinguishes temporary and perpetual injunctions; temporary injunctions continue for a specified period or until further order and are regulated by the CPC. Section 41 of the Specific Relief Act: identifies circumstances in which injunctions cannot be granted.

Can the court grant an injunction without notice?

Ordinarily, notice must be given to the opposite party. Under Order XXXIX Rule 3, a court may depart from that requirement when delay would defeat the purpose of the injunction, provided it records reasons and the applicant follows the rule's document-delivery and affidavit requirements. Ex parte relief is exceptional and subject to reconsideration.

What happens if an injunction is violated?

Order XXXIX Rule 2A permits the court, subject to its conditions, to order attachment of property and detention in civil prison for disobedience or breach. The court may also discharge, vary or set aside an injunction under Rule 4. The precise remedy depends on the facts and the court's order.

Official legislation and legal references

Read the Code of Civil Procedure, 1908 (India Code) and the Specific Relief Act, 1963 (India Code). Check applicable state amendments, High Court rules and the current text of the legislation before relying on a particular procedure.

Frequently asked questions

Is an injunction under Rule 2 automatic?

No. It is discretionary relief; the court considers the facts, established legal tests and applicable statutory limitations.

Can an injunction be sought when damages are also claimed?

Yes. Rule 2(1) expressly permits an application whether compensation is claimed in the suit or not.

Can an injunction be modified later?

Yes. Order XXXIX Rule 4 provides a mechanism to seek discharge, variation or setting aside of an injunction, subject to its conditions.

This article provides general legal information, not advice on any particular dispute. Legislative amendments, local rules and binding decisions may affect the outcome.