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The Code of Civil Procedure, 1908: page 215
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 215, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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(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.
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* * * * *
1
[2A. Consequence of disobedience or breach of injunction.—(1) In the case of disobedience of
any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which
the injunction was granted or the order made, the Court granting the injunction or making the order, or
any Court to which the suit or proceeding is transferred, may order the property of the person guilty of
such disobedience or breach to be attached, and may also order such person to be detained in the civil
prison for a term not exceeding three months, unless in the meantime the Court directs his release.
(2) No attachment made under this rule shall remain in force for more than one year, at the end of
which time, if the disobedience or breach continues, the property attached may be sold and out of the
proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the
balance, if any, to the party entitled thereto.]
3. Before granting injunction, Court to direct notice to opposite party.—The Court shall in all
cases, except where it appears that the object of granting the injunction would be defeated by the delay,
before granting an injunction, direct notice of the application for the same to be given to the opposite
party:
2
[Provided that, where it is proposed to grant an injunction without giving notice of the application to
e
the opposite party, the Court shall record the reasons for its opinion that the object of granting the
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injunction would be defeated by delay, and require the applicant—
aC
(a) to deliver to the opposite party, or to send to him by 3[speed post with registration],
immediately after the order granting the injunction has been made, a copy of the application for
injunction together with— di
In
(i) a copy of the affidavit filed in support of the application;
(ii) a copy of the plaint; and
(iii) copies of documents on which the applicant, relies, and
(b) to file, on the day on which such injunction is granted or on the day immediately following
that day, an affidavit stating that the copies aforesaid have been so delivered or sent.]
2
[3A. Court to dispose of application for injunction within thirty days.—Where an injunction has
been granted without giving notice to the opposite party, the Court shall make an endeavour to finally
dispose of the application within thirty days from the date on which the injunction was granted; and
where it is unable so to do, it shall record its reasons for such inability.]
4. Order for injunction may be discharged, varied or set aside.—Any order for an injunction may
be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied
with such order:
2
[Provided that if in an application for temporary injunction or in any affidavit supporting such application,
a party has knowingly made a false or misleading statement in relation to a material particular and the
injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless,
for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice:
Provided further that where an order for injunction has been passed after giving to a party an
opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that
party except where such discharge, variation or setting aside has been necessitated by a change in the
circumstances, or unless the Court is satisfied that the order has caused undue hardship to that party.]
1. Sub-rules (3) and (4) omitted by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977).
2. Ins. by s. 86, ibid. (w.e.f. 1-2-1977).
3. Subs. by Act 37 of 2025, s. 3 and Sch. II for, “registered post” (w.e.f. 20-12-2025).
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