Assignment On

Discuss the provisions relating to Injunction under the Code of Civil

Procedure, 1908.

Course Title: Code of Civil Procedure & Law of Limitation Part II

Course Code: LL.B 804

Submitted To: Submitted By:

Selina Akter Name: Asraful Islam

Lecturer. ID: 163226001

Department of Law Batch: 22nd

City University. Department of law,

City University.
Definition of Injunction
Injunction is an order of a court restraining a person from doing a particular act. i.e. where
he is doing something which he promises not to do: the court may by issuing an Injunction
restrain him from doing. what he promised not to do_ The Injunction put directly-

-Where a party is in breach of negative terms of contract:

-Where- he is doing something. which he promised not to do:
-Then the court maybe issued an injunction restrain him from doing. what he promised not
to do.

Lord Halsbury Is meet explicit when he says, "An Injunction is a judicial process whereby a
party is ordered to refrain from doing or to do a particular act or thing."

Characteristics or Nature of Injunction

An Injunction has three (3) characteristics features:
1. It is a judicial process:
2. The object attained thereby is restraint or prevention: and
3. The thing restrained or prevented is a wrongful act.

Classification of Injunction
In respect their "nature' Injunction may be divided into-
(a) Mandatory Injunction:
(b) Prohibitory injunction;
As regards the 'time' of their operation, Injunction may be divided into-
(c) Interlocutory Injunction:
(d) Perpetual or Permanent Injunction:

(a) Mandatory Injunction

When: to prevent the breath of an obligation. it is necessary to compel the performance of
certain acts which the court is capable of enforcing the court may, in its discretion grand an
Injunction to prevent the breach complained of. and also, to compel performance of the
requisite acts.

(b)Prohibitory Injunction
A Prohibitory Injunction forbids a defendant from doing a wrongful act which would be an
infringement of some rights of the plaintiff. legal or equitable. For example. Prohibitory
Injunction
says. "let the defendant be restrained from building any all to the injury of the plaintiff's
right of light

(c) Interlocutory Injunction

interlocutory I injunctions are such as are to continue until a specific time: or until the
further order of the court. They may be granted at any period of a suit and are regulated by
the Code of Civil Procedure (CPC)

(d) Perpetual or Permanent Injunction

According to Section 54 of the Specific Relief Act 1877. Perpetual Injunction is a final order
or prohibition of the court by which a defendant is abstained from applying his right and
doing something which is given on the basis or justifying a suit.
Illustrations: A lets certain lands to B and B contracts not to dig sand or gravel there out. A
may sue for an Injunction to restrain B from digging in violation of his contract.

Order 39 Rule 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 his creditors.
the Court may order grant a temporary injunction. to restrain such actor, make such other
order for the purpose of staying and preventing the wasting. damaging. alienation. sale.
removal or disposition of 1he property or dispossessing o rather wise causing injury or loss
as Ito Court thinks f It, until the disposal of the suit or until further orders.

(2) In case of disobedience or of breach of the terms of such temporary injunction or order.
the Court granting the injunction or making such order may order the property of the person
guilty of such disobedience or breach to be attach. and may also order such person to be
detained in the civil prison for a term not exceeding six months unless in the meantime the
Court direct his release.

(3) The property attached under sub-rule (2) may: when the Court considers it fit so to
direct.
be sold. and out of the proceeds tile Court may award such compensation to the injured
party as it finds proper and shall pay the balance: if any, to the party entitled thereto:

Order 39 Rule 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.

(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.
 In the Court of the Learned Assistant Judge, Kaunia, Rangpur
Title Suit No. 20/2015
Abdur Rashid and others ----------Plaintiff
Versus
Afzal Kabir and others ------------Defendant

Petition for temporary injunction on behalf of the Plaintiff under Order XXXIX Rule 1 of the
Code of Civil Procedure, 1908

The humble Petitioners most respectfully states as under:

1. That the suit mentioned above is a suit for declaration of title to the disputed land. The
plaintiff has brought the suit claiming their title on the basis of deed of purchase. The land in
question was belonged to one Rahman who sold it out
To the plaintiff by registered deed dated 12/07/1995 A.D.

2. That the plaintiffs have been possessing the suit land by cultivating the same since their
purchase in 1995.
The plaintiffs have mutated their names to the suit khatian by paying land revenues until last
year and got rent receipt
And DCR.

3. That the defendants are the son of Rahman and now raised claim to the suit land saying
that their father did not sell the same and delivered its possession to the plaintiff. The suit
land measuring 50decimals never devolves upon the defendants and gets possession but
instead of that they have come to the suit plot No. 12 on 26/02/2015 A.D. and claimed their
title and threatened the plaintiffs’ day laborer not to plough the land. IF the court does not
restrain the defendants from dispossessing the plaintiffs from the suit land and if the
plaintiffs’ would have been dispossessed for not getting the injunction order it would be
disastrous and the plaintiffs’ will face lot of economic hardship and the whole family of the
plaintiffs’ will suffer a lot in respect of the maintaining social life with dignity and prestige.

4. That the defendants are ferocious people and any moment can dispossess the plaintiffs
from the possession of the suit land. There are eminent threats of breach of peace and
tranquility.

5. That the plaintiffs are unemployed youths and they have no other income sources but to
earn their livelihood from the income of the suit land and if they have been ousted from the
possession of the suit land and the defendants cut away the crops of it forcibly then there is
chance of causing irreparable loss to the plaintiffs.

Therefore, it is humbly prayer that your honor would graciously be pleased to grant an
order of temporary injunction restraining the defendants from entering into the suit land
described in the schedule of the plaint and at the foot of the injunction petition until
disposal of the suit.
 Schedule
District: Rangpur, Thana: Kaunia, Mouza: Shahabaj
Khatian No. Plot No. Nature of Land Area
5 12 Paddy field 1.02 Acres out of 50 decimals on the
south direction of the suit plot.

Boundary of the suit land: Kamal on the North, Khamaru on the South, Badar on the East
and Kuddus on the West Direction.
Signature of the Plaintiff/applicant

Affidavit
I, Abdur Rashid, Son of Abdul Hossain, age about 32 years, of Village- Kumardanga, P.O.
Kormudanga, P.S.- Sapahar, Dist:- Nowgaon, at present Faidabad Gana Kabarthan, Sujar
Para, House No. 01, P.O.-Azampur, P.S.- Uttara, Dhaka by faith islam, ny profession-
Business. Nationality- Bangladeshi by birth, do hereby solemnly affirms and declares as
follows: -

1. I am the petitioner No. 1 and also competent enough to swear this affidavit which is
known to me.
2. That the statement made in this enclosed petition are correct and true to the best of
my knowledge and belief.

I swear and sign on this Affidavit before the Commissioner of Affidavit of this
Court today on the 20th day of January 2016 at 11:30am.
Signature of the Deponent

The Deponent is known to me and identified by me and he has signed in my presence.

Signature of the Advocate