CONTEMPT OF TEMPORARY INJUNCTION|WILFUL DISOBEDIENCE|ORDER 39 RULE 2 SUB RULE 3 OF CPC 1908

Contempt Proceedings Against Violation of Temporary Injunction under Order 39 Rule 2(3) of CPC

Relevant Provision:

Order 39 Rule 2(3) of the Code of Civil Procedure, 1908 (CPC) deals with the consequences of disobedience or breach of a temporary injunction granted by the court.

Text of Order 39 Rule 2(3) CPC:

(3) In the case of disobedience of any injunction granted or other order made under Rule 1 or Rule 2, or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, 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 the civil prison for a term not exceeding six months, unless in the meantime the Court directs his release.

When Contempt Arises:

Contempt or violation arises when:

A party has been served with an injunction order.

The party has actual or constructive knowledge of the injunction.

The party willfully disobeys or violates the order.

Steps for Initiating Proceedings:

Proof of Service:

It must be shown that the injunction was served or that the respondent had knowledge of it (e.g., via affidavit of service, acknowledgment, or through counsel).

Application for Contempt:

The aggrieved party files an application under Order 39 Rule 2(3) before the same court, with an affidavit and supporting documents showing the disobedience.

Notice to Opposite Party:

The court issues notice to the alleged contemnor to explain their conduct.

Court's Determination:

After hearing, if the court is satisfied that disobedience was willful and deliberate, it may:

Order attachment of property.

Order detention in civil prison of 6 months)
Relief Possible to Applicant:

Compliance with injunction.

Punitive consequences (civil imprisonment, attachment).

Restoration of status quo, if applicable.

If you're preparing to initiate such proceedings or are defending one, the court will focus on:

Knowledge of the injunction.

Willfulness of the breach.

Promptness in seeking remedy.
#contempt#punishment#attachment#property#procedure#courtsatisfaction

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