Civil Procedure Code | Order XXXIX

Order XXXIX Rule 5 CPC - Injunction Against a Corporation and Its Officers

Order XXXIX Rule 5 of the Code of Civil Procedure, 1908 (CPC) explains the persons bound when a court issues an injunction against a corporation. The rule prevents a corporate body from evading an injunction merely because the prohibited act is performed through its members or officers.

Text of Order XXXIX Rule 5 CPC

An injunction directed to a corporation is binding not only on the corporation itself, but also on all members and officers of the corporation whose personal action it seeks to restrain.

Meaning and scope

A temporary injunction is an interim judicial direction requiring a party to refrain from specified conduct pending further orders or disposal of a suit. A corporation is a legally constituted body that can act through human representatives. Under Rule 5, the injunction binds the corporation and those members and officers whose own conduct the order seeks to prohibit.

The rule does not automatically impose personal liability on every employee, shareholder or director for every breach. Whether a particular person is bound and responsible depends on the terms of the order, their role, knowledge, conduct and the evidence.

Practical application

For example, if a court restrains a company from demolishing disputed premises, its responsible officers cannot ordinarily avoid the direction by arranging the demolition on the company's behalf. The actual scope of restraint must be read from the injunction order.

Order XXXIX Rule 1: Temporary injunctions to protect property in dispute and prevent specified injury.
Order XXXIX Rule 2: Injunctions against breach of contract or other injury.
Order XXXIX Rule 2A: Consequences of disobedience or breach of injunction, including attachment and civil detention subject to statutory conditions.
Order XXXIX Rule 3: Notice to the opposite party before an injunction, subject to the urgency exception and prescribed safeguards.
Order XXXIX Rule 4: Discharge, variation or setting aside of injunctions.
Section 94(c) CPC: Supplemental power concerning temporary injunctions and consequences of disobedience, subject to prescribed rules.

Enforcement and breach

Where an injunction granted under Order XXXIX Rule 1 or Rule 2 is disobeyed, the aggrieved party may seek relief under Order XXXIX Rule 2A. Courts assess the injunction's terms and the evidence of disobedience; coercive consequences should not be assumed merely from a person's corporate designation.

Official legal resources

For the governing statutory text, consult the Code of Civil Procedure, 1908 on India Code. Court orders and judgments can be researched through the Supreme Court of India and the eCourts judgments portal. Check any applicable state amendments and the current order in the particular case.

Frequently asked questions

Does an injunction against a company bind its officers?

Yes. Rule 5 expressly covers members and officers whose personal action the injunction seeks to restrain.

Does every shareholder become personally liable?

No. The rule's wording is tied to the personal action restrained, and liability for a breach depends on the facts and applicable legal standards.

What remedy is available for disobedience?

Where the injunction is one under Rules 1 or 2, an application under Rule 2A may be appropriate, depending on the order and facts.

This article provides general legal information, not advice for a particular dispute.