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Civil Law & Legal Remedies / By

Order 39 Rule 4 CPC – Application to Vacate Ex-Parte Temporary Injunction (Full Draft & Legal Strategy)

This article is published by The Legal Warning India and written by Advocate Uday Singh.

In civil and property disputes, an ex-parte temporary injunction can severely affect a person’s rights over land, house, or property — especially when it is granted without hearing the respondent.

Once such an injunction is passed, the most urgent legal question becomes:

“How can an ex-parte injunction be vacated or modified legally?”

The answer lies in Order 39 Rule 4 of the Code of Civil Procedure (CPC).

This article explains:

  • What Order 39 Rule 4 CPC is
  • When and how to file the application
  • Strong legal grounds
  • Common court strategies
  • A practical draft format (illustrative)

What Is Order 39 Rule 4 CPC?

Order 39 Rule 4 CPC provides the statutory right to the respondent to:

  • Apply for discharge, variation, or setting aside of an injunction
  • Seek vacation of an ex-parte temporary injunction
  • Request modification of harsh or illegal injunction orders

This rule protects the respondent from misuse of interim relief obtained without full disclosure.

When Can Order 39 Rule 4 CPC Be Invoked?

An application under Order 39 Rule 4 CPC can be filed when:

  • Ex-parte injunction is passed without hearing respondent
  • Plaintiff suppressed material facts
  • No prima facie case exists
  • No balance of convenience in plaintiff’s favour
  • No irreparable loss shown
  • Injunction is being misused

Courts encourage early hearing of such applications.

Strategic Importance of Order 39 Rule 4 Application

This application is not a mere formality. It is a:

  • Damage control mechanism
  • First line of defence in property disputes
  • Opportunity to expose false pleadings
  • Chance to vacate illegal restraints quickly

Delay or weak drafting can cause serious harm.

Key Legal Grounds Used in Order 39 Rule 4 CPC

1. Suppression of Material Facts

If the plaintiff concealed title documents, possession facts, or previous litigation, injunction is liable to be vacated.

2. No Prima Facie Case

Injunction cannot survive if ownership or possession is doubtful.

3. Balance of Convenience

If respondent suffers greater hardship, injunction must be vacated.

4. No Irreparable Loss

Monetary compensation defeats the need for injunction.

5. Abuse of Process

Injunction obtained to harass or coerce respondent.

Illustrative Draft – Order 39 Rule 4 CPC Application

(Illustrative format for awareness; actual drafting depends on facts.)

IN THE COURT OF _____________

Civil Suit No. ______ of 20__

Plaintiff: ___________
Versus
Defendant: ___________

APPLICATION UNDER ORDER 39 RULE 4 CPC
FOR VACATION OF EX-PARTE TEMPORARY INJUNCTION

Most Respectfully Submitted:

1. That the Hon’ble Court passed an ex-parte injunction dated ______
   restraining the defendant without hearing him.

2. That the plaintiff obtained the injunction by suppressing material
   facts including ____________.

3. That the plaintiff has no prima facie right, title or possession over
   the suit property.

4. That balance of convenience lies entirely in favour of the defendant.

5. That no irreparable loss will be caused to the plaintiff.

6. That the injunction is causing grave prejudice to the defendant.

PRAYER:
It is therefore prayed that this Hon’ble Court may be pleased to
vacate/set aside the ex-parte injunction dated ______ in the interest of justice.

Place:
Date:
Defendant/Applicant
Through Counsel

Whether Court Can Stay the Injunction Immediately?

Yes. Courts may:

  • Stay operation of ex-parte injunction
  • Modify scope of restraint
  • Fix short date for hearing

This depends on urgency and strength of grounds.

Common Mistakes Respondents Make

  • Not filing Order 39 Rule 4 application promptly
  • Violating injunction unknowingly
  • Weak documentation
  • Only oral arguments without affidavits

Injunction violation may attract contempt proceedings.

Property Disputes Where Order 39 Rule 4 Is Widely Used

  • Land ownership disputes
  • Family property cases
  • Co-owner possession disputes
  • Builder vs landowner disputes
  • Agreement to sell conflicts

Related Legal Reading

Frequently Asked Questions (FAQs)

Q. Is Order 39 Rule 4 mandatory?
Yes, it is the primary remedy against ex-parte injunction.

Q. Can injunction be vacated in first hearing?
Yes, if suppression or illegality is shown.

Q. Can costs be imposed on plaintiff?
Yes, courts may impose costs for misuse.

This article is for general legal information and awareness purposes only. It does not constitute legal advice or solicitation. Communication is purely informational, in compliance with Bar Council of India Rule 36.

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