Application under order 39 Rule 1 and 2 format and sample to be filed along with the suits

and appeals in civil courts as well as the high court whereever applicable. with supporting
affidavit.

IN THE COURT OF ______ CJ/ADJ, Delhi at new delhi

 
Application No:______ of 2004
 

ABC………………………..Applicant

Versus
XYZ…………………………Respondent

Application under order 39 Rule 1 and 2 read with section 151 of the Civil Procedure Code,
1908 amendment till date on behalf of the Plaintiff/appellant
 

Respectfully Sheweth:

1. That the applicant/plaintiff has filed the accompanying plaint in the above mentioned suit
before this honorable court hearing and the same will take some time.

2. That it is apparent from perusal of grounds as mentioned in the plaint and accompanying
annexed documents therewith that the applicant/plaintiff/appellant has  a very good prima facie
case in his favour.

3. That is is very likely that the applicant would succeed.

4. That The balance of convenience is also in favour of the applicant/plaintiff/appellant. The

grounds as mentioned in the plaint may be read as part of this application as the same are not
repeated here for the sake of brevity.

3. That the interest of justice demands that the respondent is restrained from ______. In case the
respondents are not restrained the applicant will suffer irreparable loss and injury which cannot
be compensated in terms of money.

4. It is therefore most respectfully prayed that the respondents be restrained from ____ in the
interest of justice. Such other orders he also passed in favour of the applicant as deemed fit in
facts and circumstances of the case.

DATED                                                                  Applicant

Place
 Through, Advocate

Please note that this application cannot be filed alone and has to be filed along with the
plaint/appeal as the case may be. The nature of the relief is interim.

Please consult a lawyer for legal advice before filling application as the facts and grounds may
differ as per the most recent judgments of the apex court and various high courts.