CPC 1908 § Order XXXIX, Rule 2 — Injunction to restrain repetition or continuance of breach

Statutory text (English)

(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.

(3) In case of disobedience, or of breach of any such terms, the Court granting an injunction
may order the property of the person guilty of such disobedience or breach to be attached, and may
also order such person to be detained in 1[* * *] prison for a term not exceeding six months, unless in
the meantime the Court directs his release.

(4) No attachment under this rule shall remain in force for more than one year, at the end of
which time, if the disobedience or breach continues, the property attached may be sold, and out of the
proceeds the Court may award such compensation as it thinks fit, and shall pay the balance, if any, to
the party entitled thereto.
1[(2A) An interim injunction passed under rules 1 or 2 in the absence of defendant shall not
ordinarily exceed fifteen days:

Provided that such injunction may be extended for failure of its service on the defendant when
such failure is not attributable to the plaintiff or when the defendant seeks time for defence of
application for injunction.
(2B) The order of injunction made under rules 1 or 2 after hearing the parties or after notice to
the defendant shall cease to have effect on the expiration of six months unless extended by the Court
after hearing the parties again and for reasons to be recorded for such extension:

Provided that report of such extension shall be submitted to the High Court.]

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXXIX, Rule 2 (TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 162, 163, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 162, 163) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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