Application under order 39 rule 1 and 2

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




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


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.

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