A restraining order is a remedy used to prohibit a person from doing a specific act or directing them to undo a wrong committed by them. A restrianing order can either be temporary or permanent.
A restraining order is granted to prohibit a person from doing a specific act or directing them to do something that has already been done. It acn be granted to maintain the existing condition of the subject matter or as final decree.
An application for a restraining order must cover the following:
The names of the parties to the suit should be properly mentioned as plaintiffs and defendants.
A clear mention of the provision under which the suit has been filed.
A clear mention of the purpose or the cause that has led to the filing of the suit.
A proper description of the disputed property i.e. mapping the ancestry of the property etc.
The chain of events that led to the filing of the suit.
The facts or the reasons that bring out a prima facie case pertaining to grant of an injunction.
IN THE COURT OF
THE CIVIL JUDGE(Name of the judge)
Civil Suit No. /20____
…Plaintiff
Vs.
…Defendants
An application for an interim injunction under Order XXXIX Rule 1 and 2 of the Civil Procedure Code
The Plaintiff has filed the suit for (mention the purpose for eg recovery of possession of the disputed property).
That the disputed property (Proper description of the suit property with facts ascertaining unquestionable legal authority of the plaintiff) has been unlawfully kept out of the possession of the plaintiff (or any other reason as per the case).
Start with the chain of events that has led to the filing of the present suit. (This should be divided into subsequent sub paras to enable a clear understanding of the events).
Mention the fact that the chain of events establish a prima facie case and further investigation or action is needed.
A reason that clearly states the balance of favour in plaintiff’s side eg. The disputed property is the only means of income that the plaintiff’s family earns income from and dispossession would lead to unparallel hardships.
Irreparable damage will be caused which wouldn’t be compensated in monetary terms. (The reason might include mental trauma and emotional hurt).
PRAYER:
The plaintiff, therefore, prays that your Honour finds it fit to deliver a show-cause notice to the opposite party putting forward the reasons why the injunction shouldn’t be granted. Pending hearing of such injunction petition, it is prayed that an interim injunction order is passed to restrain the defendants from causing any harm to the disputed property.
PLAINTIFF(Signature):
PLACE:
DATE:
ADVOCATE FOR PLAINTIFF:
A Schedule must be attached at the end of the Application with all the documents that relate to the suit property or prove the facts of the case. An affidavit must also be attached.
An application for a restraining order must be filed with the judge in whose jurisdiction the suit is pending or the suit property is located.
The claims as mentioned in the application should be well substantiated with facts and documents. Mention an irreparable injury that would be caused if the restraining order isn’t allowed. Simple language must be used and the facts must be substantiated with enough documents.
Obtaining a restraining order can be a complex procedure. It is essential to take help of a labour lawyer in this matter. An expert lawyer will help you draft the application skillfully and ensure that your rights are restored. A lawyer will also look after the complex court procedure and associated documents.
Loan agreement sample document
Leave and license agreement sample document
Franchise agreement sample document
Agreement for sale of a house sale agreement sample document
Partnership deed sample document
Security bond by a surety sample document
Memorandum of understanding mou sample document
Simple mortgage deed sample document
Separation agreement between husband and wife sample document
Application for Suit for Damages for Breach of Contract
Free Legal Document - Banking / Finance
View Document
628+ Lawyers are online 
