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Temporary Injunctions (o.39, R.1 Legal Draft Template

Category Agreements Civil Procedure Code
Format )
File name Temporary Injunctions (O.39, R.1.)

This is a sample legal draft for reference. Review and adapt it for your facts, and consult a qualified advocate before filing or execution.

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<h2>Upon </h2>motion made unto this Court by............., Pleader of (or Counsel for) the

plaintiff A.B., and upon reading the petition of the said plaintiff in this

matter filed (this day) [or the plaint filed in this suit on the.......... day

of............, or the written statement of the said plaintiff filed on

the.......... day of ............] and upon hearing the evidence of and in

support thereof [if after notice and defendant not appearing: add, and also the

evidence of as to service of notice of this motion upon the defendant C.D.l:

This Court cloth order that an injunction be awarded to restrain the defendant

C.D., his servants, agents and workmen, from pulling down, or suffering to be

pulled down, the house in the plaint in the said suit of the plaintiff

mentioned [or in the written statement, or petition, of the plaintiff and

evidence at the hearing of this motion mentioned], being No.9, Oil mongers

Street, Hindupur, in the Taluk of, and from selling the materials whereof the

said house is composed, until the hearing of this suit or until the further

order of this Court.Dated

this ............day of......... 19Judge.[Where

the injunction is sought to restrain the negotiation of a note or bill, the

ordering part of the order may run thus:-- ]to

restrain the defendants and from parting with out of the custody of them or any

of them or endorsing, assigning or negotiating the promissory note [or bill of

exchange] in question, dated on or about the etc., mentioned in the plaintiff's

plaint (or petition) and the evidence heard at this motion until the hearing of

this suit, or until the further order of this Court.:[In

Copyright cases] to restrain the defendant C.D., his servants, agents or

workmen, from printing publishing or vending a book, called, or any part

thereof, until the, etc.[Where

part only of a book is to be restrained]to

restrain the defendant C.D., his servants, agents or work men from printing,

selling or otherwise disposing of such arts of the book in the plaint [or

petition and evidence, etc.] mentioned to have been published by the defendant

as hereinafter specified' namely, that part of the said book which is entitled

and also that part which is entitled [or which is contained in page to page

both inclusive] until, etc.[In

Patent cases] to restrain the defendant C.D., his agents, servants and workmen,

from making or vending any perforated bricks (or as the case may be) upon the

principle of the inventions in the plaintiff's plaint [or petition, etc., or

written statement, etc., mentioned, belonging to the plaintiffs, or either of

them, during the remainder of the respective terms of the patents in the

plaintiff's plaint (or as the case may be) mentioned, and from counterfeiting,

imitating or resembling the same inventions, or either of them, or making any

addition thereto, or subtraction there from, until the hearing, etc.[In

cases of Trade marks] to restrain the defendant C.D., his servants, agents or

workmen, from selling, or exposing for sale, or procuring to be sold, any

composition or blacking (or as the case may be) described as or purporting to

be blacking manufactured by the plaintiff A.B., in bottles having affixed

thereto such labels as in the plaintiff's plaint (or petition, etc.) mentioned,

or any other labels so contrived or expressed as, by colorable imitation or

otherwise, to represent the composition or blacking sold by the defendant to be

the same as the composition or blacking manufactured and sold by the plaintiff

A.B., and from using trade-cards so contrived or expressed as to represent that

any composition or blacking sold or proposed to be sold by the defendant is the

same as the composition or blacking manufactured or sold by the plaintiff A.B.,

until the, etc.[To

restrain a partner from in any way interfering in the business]to

restrain the defendant C.D., his agents and servants, from entering into any

contract, and from accenting, drawing, endorsing or negotiating any bill of

exchange, note or written security in the name of the partnership-firm of B and

D., and from contracting any debt, buying and selling any goods, and from

making or entering to any verbal or written promise, agreement or undertaking,

and from doing or causing to be done, any act, in the name or on the credit of

the said partnership-firm of B and D., or whereby the said Partnership-firm can

or may in any manner become or be made liable to or for the payment of any sum

of money, or for the performance any contract, promise or undertaking until

the, etc.

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