What is this document and when is it used?

A temporary injunction is a court order that stops someone from doing something — or compels them to do something — until the main case is decided. It is not a final decision on who is right; it is a holding measure. Without it, a plaintiff might win a suit after years of litigation only to find that the property has been sold off, a building demolished, or a tree cut down. The injunction keeps things as they are so that the final decree, whenever it comes, is not a dead letter.

The power of a civil court to grant temporary injunctions comes from Section 94 read with Order XXXIX of the Code of Civil Procedure, 1908:

  • Order XXXIX Rule 1 covers cases where any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party, or where a defendant threatens to remove or dispose of his property with the intent of defrauding creditors, or where the defendant threatens to dispossess the plaintiff from the suit property.

  • Order XXXIX Rule 2 covers cases where the defendant threatens, or intends, to commit a breach of contract or other injury of any kind — and compensation in money would not give adequate relief, or the defendant is not in a position to pay it.

Before granting an injunction, every court in Pakistan applies three settled tests:

  1. Prima facie case — you must show an arguable case on the papers, not necessarily prove you will win, but show that there is a serious question to be tried;

  2. Balance of convenience — the inconvenience to you if the injunction is refused must be greater than the inconvenience to the defendant if it is granted; and

  3. Irreparable loss — the threatened harm must be of a kind that money alone cannot properly compensate, or that could not be undone later.

This application is filed in the court where your civil suit is already pending — an injunction under Order XXXIX is an ancillary, interim relief and cannot be sought without a suit (though it may be filed along with the plaint on the same day). It can be filed by the plaintiff, and in appropriate cases by the defendant (Order XXXIX Rule 1-A recognises the defendant's right too). If the situation is urgent, you can ask for an ad interim / ex parte injunction — a short-lived order passed without notice to the other side under Order XXXIX Rule 3, where the court must record its reasons. Under Order XXXIX Rule 3-A, the court is expected to decide the injunction application within thirty days. An order granting or refusing an injunction is appealable under Order XLIII Rule 1(r) CPC.

Use this template when, for example: a neighbour is raising construction over your plot; a co-owner is trying to sell joint family property without partition; a tenant or trespasser is threatening dispossession; a person is about to cut standing trees or demolish a boundary wall; or anyone is about to create third-party rights over property you claim. File it together with, or immediately after, your plaint — delay weakens the claim of urgency.

THE APPLICATION

IN THE COURT OF THE [SENIOR CIVIL JUDGE / CIVIL JUDGE [CLASS], ___________]

AT [CITY NAME]

Civil Misc. Application No. ____ of 20____

In re: —

[PLAINTIFF'S FULL NAME], son/daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS], CNIC No. [__________] .............................. APPLICANT / PLAINTIFF

VERSUS

[DEFENDANT'S FULL NAME], son/daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS], CNIC No. [__________] .............................. RESPONDENT / DEFENDANT

IN THE MATTER OF:

Civil Suit No. [SUIT NUMBER] of [YEAR] titled "[PLAINTIFF'S FULL NAME] versus [DEFENDANT'S FULL NAME]", pending before this Hon'ble Court

APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 94 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR THE GRANT OF TEMPORARY INJUNCTION (with prayer for ad interim ex parte injunction under Order XXXIX Rule 3 CPC)

Respectfully Sheweth:

  1. That the above-titled Civil Suit No. [SUIT NUMBER] of [YEAR], filed by the applicant/plaintiff for [STATE BRIEFLY THE RELIEF SOUGHT, e.g., "a decree for declaration of title with respect to the property described in paragraph 2 below, together with permanent injunction restraining the respondent from interfering in the peaceful possession of the applicant"], is pending before this Hon'ble Court, and the same is fixed for [STATE THE NEXT STAGE, e.g., "filing of written statement"].

  1. That the subject matter of the suit is the property described as under:

(Give a precise description — this is the most important paragraph. Vague descriptions get applications dismissed.)

[FULL PROPERTY DESCRIPTION, e.g., "A residential plot measuring 500 square yards, bearing Plot No. [__], situated in [BLOCK / SCHEME NAME], [CITY], bounded on the North by [__], South by [__], East by [__], and West by [__]; as per registered Sale Deed No. [__] dated [DATE], registered in the office of the Sub-Registrar, [CITY]"], hereinafter referred to as "the suit property".

  1. That the applicant is the lawful owner and is in peaceful, continuous, and uninterrupted possession of the suit property since [YEAR/DATE], on the strength of [STATE THE DOCUMENT OF TITLE, e.g., "registered Sale Deed No. [__] dated [DATE], duly registered and mutated in the revenue record in the name of the applicant"], and the applicant's title and possession are fully documented. Copies of the [sale deed / fard-e-malkiat / mutation No. [__]] are attached herewith as Annexures "A", "B" and "C" respectively.

  1. That the respondent has no right, title, or interest in the suit property whatsoever, and is a stranger to the title of the applicant; however, the respondent, actuated by mala fide intentions and with the object of illegally occupying and usurping the suit property, has started [DESCRIBE THE THREATENED ACT PRECISELY, e.g., "bringing building material and labour onto the suit property and digging foundations for construction thereon", "threatening to sell and transfer the suit property to third parties and has already received earnest money from prospective purchasers", "attempting to demolish the boundary wall and cut the standing trees on the suit property", "threatening to dispossess the applicant forcibly with the help of hired persons"].

  1. That the said unlawful acts of the respondent came to the notice of the applicant on [DATE], when [EXPLAIN HOW THE APPLICANT LEARNED OF IT, e.g., "the applicant's neighbour, [NAME], telephoned the applicant", "the applicant visited the suit property and saw the respondent's labourers digging foundations"]. The applicant immediately protested and requested the respondent to desist, but the respondent refused and instead threatened the applicant with dire consequences. (If a police report or complaint was lodged, add: "The applicant lodged a complaint/application before the SHO, Police Station [NAME], on [DATE], a copy of which is attached as Annexure "D".")

  1. That the respondent's acts fall squarely within the mischief of Order XXXIX Rule 1 CPC in that the suit property is in danger of being wasted, damaged, and alienated by the respondent, and the respondent is threatening to dispossess the applicant therefrom; they also fall within Order XXXIX Rule 2 CPC in that the respondent threatens an injury of a kind for which compensation in money would not afford adequate relief.

  1. That the applicant has a strong prima facie case: the applicant's title is evidenced by registered documents and the revenue record, whereas the respondent has produced no document whatsoever to support his/her claim. There is, therefore, a serious and triable question in the applicant's favour, and the suit cannot be said to be frivolous or vexatious.

  1. That the balance of convenience lies heavily in favour of the applicant. If the respondent is not restrained, he/she will change the nature and character of the suit property, create third-party interests, and render the suit infructuous; the applicant, who is in lawful possession on the strength of a registered title, will suffer the greater inconvenience. The respondent, on the other hand, will suffer no legal injury by being restrained from interfering with property over which he/she has no title, pending the decision of the suit.

  1. That the applicant will suffer irreparable loss and injury which cannot be adequately compensated in terms of money if the respondent is not restrained. Once construction is raised, the property is alienated to bona fide purchasers, or the trees are cut and the boundary demolished, the applicant's decree — even if granted — will be of little practical value, and a multiplicity of litigation will follow.

  1. That the matter is of an urgent nature, and any delay in restraining the respondent is likely to result in the completion of the threatened acts. The respondent is proceeding with speed, and notice of this application would enable him/her to complete the illegal acts before the application is heard. The applicant therefore prays that an ad interim ex parte injunction may kindly be granted under Order XXXIX Rule 3 CPC, restraining the respondent as prayed below, till the final disposal of this application after notice.

  1. That this application is being filed bona fide, in the interest of justice, and for the protection of the suit property. That no other application of the same nature has been filed by the applicant in any Court, and this Hon'ble Court has the jurisdiction to entertain and decide this application, the suit property being situated within its territorial jurisdiction.

  1. That the applicant undertakes to abide by all such terms and conditions as this Hon'ble Court may impose for the grant of the injunction, including furnishing security or an undertaking to compensate the respondent in case the suit is ultimately dismissed, as this Hon'ble Court may deem fit.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a) grant an ad interim ex parte injunction under Order XXXIX Rule 3 CPC, restraining the respondent, his/her agents, servants, attorneys, and all persons claiming through or under him/her, from [STATE PRECISELY WHAT MUST BE STOPPED, e.g., "raising any construction, digging foundations, dumping building material, or in any manner changing the nature and character of the suit property", "selling, alienating, transferring, mortgaging, or creating any third-party interest in the suit property", "interfering in the peaceful possession of the applicant over the suit property, demolishing the boundary wall, or cutting the standing trees"], till the final disposal of this application;

(b) confirm the said injunction and grant a temporary injunction in the same terms till the final disposal of the suit;

(c) award such other and further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and

(d) award costs of this application in favour of the applicant.

Any other relief deemed just and equitable may also kindly be granted.

Applicant/Plaintiff

Through Counsel:

______________________________ [COUNSEL'S FULL NAME] Advocate High Court / District Courts [OFFICE ADDRESS] [PHONE / EMAIL] Dated: [DATE OF FILING] at [CITY]

VERIFICATION

I, [APPLICANT'S FULL NAME], son/daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS], do hereby verify on oath that the contents of paragraphs No. 1 to 12 of the above application are true and correct to my personal knowledge and belief, and nothing material has been concealed therefrom.

Verified at [CITY] on this [DATE] day of [MONTH], 20[__].

______________________________ DEPONENT [APPLICANT'S FULL NAME]

AFFIDAVIT IN SUPPORT OF THE APPLICATION

IN THE COURT OF THE [SENIOR CIVIL JUDGE / CIVIL JUDGE [CLASS], ___________]

AT [CITY NAME]

Civil Misc. Application No. ____ of 20____

In re: —

[PLAINTIFF'S FULL NAME] .............................. APPLICANT / PLAINTIFF

VERSUS

[DEFENDANT'S FULL NAME] .............................. RESPONDENT / DEFENDANT

AFFIDAVIT OF [DEPONENT'S FULL NAME], son/daughter/wife of [FATHER'S/HUSBAND'S FULL NAME], resident of [COMPLETE ADDRESS], CNIC No. [__________].

I, the above-named deponent, do hereby solemnly affirm and declare on oath as under:

  1. That I am the applicant/plaintiff in the above-titled matter and am fully conversant with the facts of the case, and am competent to swear this affidavit.

  1. That the facts stated in the accompanying application under Order XXXIX Rules 1 and 2 CPC are true and correct to my personal knowledge; the threatened acts of the respondent narrated in paragraphs No. 4 and 5 thereof were personally witnessed by me / came to my knowledge in the manner stated, and I believe the same to be true.

  1. That the documents attached as Annexures "A" to "[D]" — namely [LIST THEM, e.g., "the registered Sale Deed dated [DATE], the fard-e-malkiat dated [DATE], the mutation No. [__], and the complaint lodged before the SHO, Police Station [NAME]"] — are true copies of the originals in my possession / are genuine documents, and I undertake to produce the originals as and when directed by this Hon'ble Court.

  1. That unless the respondent is restrained as prayed, the suit property will be wasted, damaged, or alienated, and I shall suffer irreparable loss which cannot be compensated in money.

  1. That this affidavit is sworn bona fide in support of the accompanying application for temporary injunction, and nothing material has been concealed.

DEPONENT

VERIFICATION

Verified on oath at [CITY] on this [DATE] day of [MONTH], 20[__], that the contents of this affidavit are true and correct to my knowledge and belief, and nothing has been concealed therefrom.

DEPONENT

Identified by me:

______________________________ [COUNSEL'S FULL NAME] Advocate

Solemnly affirmed before me:

______________________________ OATH COMMISSIONER [NAME, SEAL, AND DATE]

HOW TO USE THIS TEMPLATE — COMMON MISTAKES TO AVOID

1. File it with the suit, or at once — delay kills urgency. An injunction is granted on urgency. If you wait months after the threat arose and then plead urgency, the court will not believe you. The moment you learn of the threatened act, have the application drafted and filed. If the threat already existed when you filed the plaint, file the injunction application on the same day.

2. Describe the property with precision. "My plot in [SCHEME]" is not enough. Give the plot number, measurement, boundaries, and the registered deed number. An injunction over an unidentifiable property cannot be enforced, and courts dismiss vague applications.

3. Attach your title documents — the affidavit alone is weak. Prima facie case is proved on documents: registered sale deed, fard-e-malkiat, mutation, allotment letter, rent receipts. Photographs of the respondent's activity (dated, with location) and a police complaint copy add real weight. Do not file a bare application supported only by your word.

4. Be honest about ex parte relief — and be ready for the undertaking. Under Order XXXIX Rule 3, the court may grant an injunction without notice only if it records reasons why notice would defeat the object. If granted, expect the court to require an undertaking to compensate the respondent if the injunction proves unjustified. Suppression of material facts — for example, hiding that a stay was refused by another court — can get the injunction vacated and invite costs.

5. Know what the order can and cannot do. A temporary injunction preserves the status quo; it does not decide ownership, and it lapses when the suit is decided (a permanent injunction must be decreed). Violation of an injunction is punishable — the court may attach the property and order detention in civil prison under Order XXXIX Rule 2-A CPC — so serve the order on the respondent promptly through the court's process.

6. Watch the 30-day disposal rule and the appeal route. Rule 3-A expects the court to decide the injunction application within thirty days. If the application is refused, you have a statutory appeal under Order XLIII Rule 1(r) CPC — discuss it with counsel immediately, because the respondent will act fast once refused.

Frequently Asked Questions

What is the difference between a temporary injunction and a stay order?
In ordinary usage they overlap, but technically a temporary injunction under Order XXXIX restrains a party from doing an act (such as alienating property or dispossessing you), while a "stay" usually suspends the operation of an order or proceedings. For threats to property, the Order XXXIX injunction is the correct remedy.

Can I get an injunction without filing a full civil suit?
No. An application under Order XXXIX is ancillary relief — it must be filed in a pending suit. In practice you file the plaint and the injunction application together on the same day, so there is no real delay; but a standalone injunction application without a suit is not maintainable.

What if the court refuses my injunction application?
You have a right of appeal against the refusal under Order XLIII Rule 1(r) CPC. You may also apply for a review or approach the court again if fresh facts arise. Speak to your counsel at once — the other side will move quickly once an injunction is refused, so the appeal must be filed without delay.

How long does a temporary injunction last?
It lasts until the suit is finally decided, unless the court vacates, varies, or discharges it earlier on the application of the aggrieved party. An ad interim ex parte injunction is even shorter-lived — it operates only until the application is heard and decided after notice to the other side.

What happens if the other side violates the injunction?
Disobedience of an injunction is punishable under Order XXXIX Rule 2-A CPC. The court may order attachment of the violator's property and detention in civil prison for up to six months. File an application under Rule 2-A promptly, with proof of the violation.

Do I need to prove I will definitely win the suit?
No. For a temporary injunction you only need to show a prima facie case — that there is a serious, arguable question to be tried — along with balance of convenience and irreparable loss in your favour. The final merits are decided at trial.

The Bottom Line

A temporary injunction is the shield that keeps your property safe while the main suit runs its course — but it is granted only on urgency, precision, and documents. Describe the property exactly, attach your title papers, explain the threat with dates, and satisfy the three tests of prima facie case, balance of convenience, and irreparable loss. File it the moment the threat appears, and never suppress a material fact. Done right, this one application can protect everything the suit is about until the court gives its final word.

This template is provided for general information and educational purposes only. Injunction law is highly fact-specific, and courts exercise wide discretion. Always have an advocate draft or review the application for your specific matter before filing.