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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting Application under Order 39, Rule 4 CPC for Discharge or Variation of Interim Injunction Order:
An application under Order 39, Rule 4 of the Code of Civil Procedure (CPC) is used when a party seeks the discharge or variation of an interim injunction order. Follow these guidelines for effective drafting:
Clearly State Relief Sought: Clearly articulate whether you seek the discharge or variation of the interim injunction order. Specify the grounds justifying the requested relief.
Provide Changed Circumstances: Demonstrate changed circumstances or new facts that warrant the discharge or modification of the injunction. Clearly explain how the initial conditions have evolved.
Address Balance of Convenience: Establish that the balance of convenience now favors the discharge or modification of the injunction. Show that the harm to your client outweighs any potential harm to the opposing party.
Attach Supporting Affidavit: Accompany the application with a supporting affidavit containing all relevant facts, evidence, and documents. Present a compelling case to justify the requested relief.
Common Mistakes to Avoid:
Vague Grounds for Discharge or Variation: Clearly define and justify the grounds for seeking discharge or variation. Vague or insufficiently explained reasons may weaken the application's merit.
Failure to Address Changed Circumstances: Clearly articulate how circumstances have changed since the issuance of the injunction. Failure to show changed circumstances may weaken the application.
Ignoring the Balance of Convenience: Ensure a thorough analysis of the balance of convenience. Ignoring this aspect may affect the court's decision on discharge or variation.
Inadequate Affidavit: Provide a comprehensive affidavit with all relevant details. Insufficient evidence or incomplete documentation may impact the application's success.
By adhering to these guidelines and avoiding common mistakes, you can draft a persuasive application under Order 39, Rule 4 CPC, increasing the likelihood of successfully obtaining the discharge or variation of an interim injunction order in civil proceedings.