Application Under Order 39 Rule 1 and 2 Read with Section 151 C.P.C for Interim Injunction In Pakistan

 

An application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure (C.P.C) in Pakistan is filed for seeking an interim injunction. An interim injunction is a temporary court order that restrains a party from doing a particular act until the final determination of the case. It is granted to maintain the status quo or prevent irreparable harm during the pendency of the litigation.

Order 39 Rule 1 of the C.P.C provides the power to grant temporary injunctions, while Rule 2 lays down the conditions for granting such injunctions. Section 151 of the C.P.C empowers the court to make orders necessary for the ends of justice or to prevent abuse of the process of the court.

To file an application for an interim injunction under Order 39 Rule 1 and 2 read with Section 151 C.P.C in Pakistan, certain requirements must be fulfilled:

1. Prima facie case: The applicant must establish a prima facie case, i.e., a case that appears to have sufficient evidence and legal basis to succeed at trial. The court will assess whether there is a serious question to be tried.

2. Balance of convenience: The court will consider whether it is more convenient to grant or refuse the injunction based on the balance of convenience. This involves weighing the potential harm caused by granting or refusing the injunction and considering which party would suffer greater hardship.

3. Irreparable injury: The applicant must demonstrate that if an interim injunction is not granted, they would suffer irreparable injury or harm that cannot be adequately compensated by damages at a later stage.

4. No alternative remedy: The applicant should show that there is no other equally effective remedy available to them, such as monetary compensation.

5. Public interest: The court may also consider public interest while deciding whether to grant an interim injunction.

To file an application for an interim injunction, the following procedure is generally followed in Pakistan:

1. Drafting the application: The applicant or their legal representative prepares a written application stating the facts, legal grounds, and prayers for the interim injunction. The application should be supported by an affidavit verifying the facts stated therein.

2. Filing the application: The application, along with supporting documents and affidavits, is filed in the relevant court having jurisdiction over the matter. The court fee prescribed by law is paid at the time of filing.

3. Notice to the opposite party: After filing, a copy of the application and supporting documents are served on the opposite party or their legal representative. The court may also issue a notice to the opposite party to appear before it on a specified date.

4. Hearing: On the date of hearing, both parties present their arguments before the court. The applicant must establish a prima facie case, balance of convenience, irreparable injury, and absence of alternative remedies.

5. Court's decision: After hearing both parties, the court will decide whether to grant or refuse the interim injunction. If granted, the terms and conditions of the injunction will be specified.

It is important to note that each case is unique, and the specific requirements and procedures may vary depending on the facts and circumstances involved. It is advisable to consult with a qualified lawyer for guidance on filing an application for an interim injunction under Order 39 Rule 1 and 2 read with Section 151 C.P.C in Pakistan.

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