Scope: India — temporary injunction orders in an ordinary CPC suit and requests to stay execution of a decree during a first appeal. It excludes second appeals, arbitration and special statutory appeals.
Citation refresh — 10 October 2026. The retired India Code PDF address was replaced with the migrated official India Code record. The substantive analysis is unchanged.
Law checked: 10 October 2026.
Short answer
Order XXXIX and Order XLI answer different questions. At first instance, rules 1–4 of Order XXXIX govern temporary injunctions. An appeal from specified injunction orders is ordinarily traced to section 104 and Order XLIII rule 1(r). Once a decree is under first appeal, Order XLI rule 5 governs a stay of proceedings under that decree. Filing the appeal does not itself stay execution.
Route 1: challenge an injunction order
- Identify the exact sub-rule under which the trial court granted, refused, discharged or varied relief.
- Check section 104 and Order XLIII rule 1(r), which lists appealable orders under Order XXXIX rules 1, 2, 2A, 4 and 10.
- Do not assume that every procedural direction—including a direction merely issuing notice—is an appealable injunction order. Classify the operative effect of the order and check the forum’s governing authority.
- Seek any interim protection in the appeal through the power applicable to that appeal; do not relabel a non-appealable direction as a final injunction order.
Route 2: stay execution pending a first appeal
- File a competent appeal. Section 96 and Order XLI govern first appeals from original decrees. The memorandum must comply with rule 1 and state concise grounds.
- Apply separately for stay. Rule 5(1) expressly says an appeal does not operate as a stay merely because it has been preferred.
- Address rule 5(3). The applicant must show substantial loss if stay is refused, absence of unreasonable delay, and security for due performance of the decree or order ultimately binding.
- Consider ex parte relief carefully. Rule 5(4) permits an ex parte stay pending hearing of the application, but the rule 5(3) conditions remain central.
- Check money-decree requirements. Rule 5(5) links stay to the deposit or security directed under rule 1(3).
Do not confuse these provisions
| Provision | Function |
|---|---|
| Order XXXIX rules 1–2 | Temporary restraint at the suit stage. |
| Order XXXIX rule 2A | Consequences of disobedience or breach. |
| Order XXXIX rule 4 | Discharge, variation or setting aside of an injunction order. |
| Order XLI rule 4 | Relief for one of several plaintiffs or defendants where the decree proceeds on a common ground. |
| Order XLI rule 5 | Stay of proceedings under a decree during appeal. |
| Order XLI rules 23, 23A and 25 | Remand or referral of issues in the circumstances stated by those rules. |
| Order XLI rule 27 | Restricted admission of additional evidence in appeal. |
File checklist
- Certified or permitted copy of the challenged order/decree.
- Exact appeal-enabling provision.
- Limitation calculation and delay application if necessary.
- Evidence of substantial loss and promptness.
- Security or deposit proposal.
- Draft stay order identifying execution steps restrained.
Common errors
- Assuming an appeal automatically stays the decree.
- Using rule 5 as a free-standing appellate injunction power.
- Misdescribing rule 2A as a power to cancel a contract.
- Attributing the appellate court’s final powers to Order XLI rule 4.
- Conflating rule 25 with the additional-evidence rule.
Official sources
| Authority | Pinpoints checked |
|---|---|
| India Code — Code of Civil Procedure, 1908 and official PDF | Sections 96 and 104; Orders XXXIX, XLI and XLIII rule 1(r). |
| Supreme Court of India — official judgment, 14 March 2022 | The substantive injunction tests. |
Automated research disclosure: This correction was produced through automated research and checked against the official sources above. It is not represented as human legal review.
Next review: 9 January 2027, or earlier if the CPC, limitation rules or appellate procedure changes.
