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The Code of Civil Procedure, 1908: page 214

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 214, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from
applying for sale.—Attachment before judgment shall not affect the rights, existing prior to the
attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant
from applying for the sale of the property under attachment in execution of such decree.
    11. Property attached before judgment not to be re-attached in execution of decree.—Where
property is under attachment by virtue of the provisions of this order decree is subsequently passed in
favour of the plaintiff, it shall not be necessary upon an application for execution of such decree to apply
for a re-attachment of the property.
    1
     [11A. Provisions applicable to attachment.—(1) The provisions of this Code applicable to an
attachment made in execution of a decree shall, so far as may be, apply to an attachment made before
judgment which continues after the judgment by virtue of the provisions of rule 11.
    (2) An attachment made before judgment in a suit which is dismissed for default shall not become
revived merely by reason of the fact that the order for the dismissal of the suit for default has been set
aside and the suit has been restored.]
    12. Agricultural produce not attachable before judgment.—Nothing in this Order shall be deemed
to authorise the plaintiff to apply for the attachment of any agricultural produce in the possession of an
agriculturist, or to empower the Court to order the attachment or production of such produce.
    2                                                                    e
    [13. Small Cause Court not to attach immovable property.—Nothing in this Order shall be
                                                                        od
deemed to empower any Court of Small Causes to make an order for the attachment of immovable
property.]
                                                  ORDER XXXIX
                                                              aC
                                                         di
                           TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
                                                    In
                                               Temporary injunctions
    1. Cases in which temporary injunction may be granted.—Where in any suit it is proved by
affidavit or otherwise—
        (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by
    any party to the suit, or wrongfully sold in execution of a decree, or
        (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to
    3
     [defrauding] his creditors,
         4
         [(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the
    plaintiff in relation to any property in dispute in the suit,]

the Court may by order grant a temporary injunction to restrain such act, or make such other order for the
purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the
property 4[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any
property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.

    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.



1. Ins. by Act 104 of 1976, s. 85 (w.e.f. 1-2-1977).
2. Ins. by Act 1 of 1926, s. 4.
3. Subs. by Act 104 of 1976, s. 86, for “defraud” (w.e.f. 1 -2-1977).
4. Ins. by s. 86, ibid. (w.e.f. 1-2-1977).

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